Do I have a case to sue for wrongful termination?
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Do I have a case to sue for wrongful termination?
I was a Quality Manager for a company since Nov 2017. I was out sick Monday, Tuesday Wednesday last week with Vertigo. When I returned to work Thursday my employment was terminated, no questions asked.
I’m 56 and had to take half days off to see doctors for diabetes depression previously, which the company made me use vacation time.
Asked on June 18, 2018 under Employment Labor Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you used vacation time (or sick leave if you had such) to cover the recent absence (Monday. Tuesday, and Wednesday of last week), then you could not be terminated for this reason: you cannot be fired for using benefits (e.g. paid time off, like vacation) you earned as part of your job. In this case, speak to an employment law attorney.
But if you did not have or use sufficient paid time off to cover all three days you were out, you may be terminated, and the termination would be proper (not wrongful). The law does not give you the right to miss work, even due to medical reasons, without using paid time off (or without using FMLA leave, but FMLA would most likely not apply to three days lost to vertigo). If you miss work without using paid time off (or FMLA) to cover it, you may be terminated--employers do not have to retain employees who miss work.
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