Check out some similar questions!

glitterwings007 · Sep 19, 2011, 05:13 PM

I have been sick for the last 2 weeks and the doctor has told me to stay home, and the doctor told me today to stay out for another week. I went in to work today before I went to the doctor to try to work for a couple hours, even though I was sick and in pain still. They let me go today, stating that because someone else recently left they needed someone there consistently to help the one other person in the department (there are 3 of us, 2 of them are full time and I am part time, but it's a college campus, there are a lot of employees just not in our department). That was there exact reason, they were letting me go to get someone more consistent. I have only worked there since March 2011, it is a student filled position. Do I have any rights to contest this? I haven't worked there for a year so I'm not sure if the Family Medical Leave Act is applicable here.

ScottGem · Sep 19, 2011, 05:29 PM

Unless you are covered under an employment contract, they probably can fire you for any reason. FMLA doesn't come into play here.

twinkiedooter · Sep 19, 2011, 06:27 PM

Since you don't have a contract to fall back on any employer can terminate an employee for any and no reason. If you want to and have enough weeks worth of actual work under your belt you could file for unemployment insurance and if you are denied by the employer you could have a hearing at which time you would produce your doctor's note and you would be granted UE benefits.

Fr_Chuck · Sep 19, 2011, 06:31 PM

I will assume you are a student and doing the work. So has the illness also keep you out of classes for these two, soon to be three weeks.

And I can only assume you have only worked there for a short time, ** length of time could have a bearing.

Also you noted you were only a part time employee, which also effects this in some areas.

But yes they can fire you, do you have the right to appeal, yes , the HR department will have a procedure for this

ballengerb1 · Sep 19, 2011, 06:57 PM

Did your employer provide sick leave to employees in your position? What were the terms of their sick leave, if any? You are likely considered an "at will"employee so they can let you go for no cause. However, since they did provide cause you may have a leg to stand on. Tell us about the sick leave policy first.