Do I have a case to sue for wrongful termination?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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