Can I sue my former employer if I was fired me for going to the doctor?
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Can I sue my former employer if I was fired me for going to the doctor?
I was recently fired from my job because they did except my doctor’s excuse. I only missed a half day (4 hours) and I did talk to my manager. Before I ever knew I was fired they had me work a whole month from the time I went to the doctor. What I didn’t understand was after all the paper work I had to get and had my doctor sign, they still fired me. My doctor told me I can sue but I was just wondering is that true.
Asked on June 23, 2011 under Employment Labor Law, Mississippi
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
On what grounds would you sue? IF you used either a paid day off which you were entitled to (e.g. a sick day); or had an actual agreement with or promise by your manager that you could take the day (not merely that you discussed it with him or her); or that you used a federally protected leave (such as you took a brief leave under the Family and Medical Leave Act, which would require that you and your company both qualify under the Act and that you notified them you were doing this in advance), then you may have a cause of action for wrongful termination. If any of the above apply, you should probably consult with an employment attorney to see whether you do have a claim and what it might be worht.
However, if the above do not apply, then it is most likely you could be fired. There is no general legal right to miss work, even for good reasons, and a doctor's note has no legal effect. If you missed work without one of the circumstances discussed above, then your employer could most likely fire you.
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