Can I be fired for my declining work performance due to cancer
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Can I be fired for my declining work performance due to cancer
I was diagnosed with cancer back in November 2016.
I have continued to work between doctors appointments and sickness as much as possible. I have been told over and over my job will be there for me no matter what…..Now due to my declining performance and inability to be there as much as the treatments get stronger, I have been fired.
Can they legally fire me?
Asked on February 3, 2017 under Employment Labor Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Genrally speaking, an employer is free to fire an at-will employee who misses too much work since attendance is a basic job requirement. That having been said, there are exceptions if your absences are protected by: the FMLA (Family Medical Leave Act); the ADA (Americans with Disabilities Act); workers' compensation laws; state paid sick leave laws; or if you had available PTO. If any of the foregoing are applicable to your sutiuation, then your company can't fire. Otherwise, absent protection under a union/collective bargaining agreement or employment contract, your employer is free to set the conditions of employment much as it sees fit.
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