I am an older retired woman who took a part time job at Burger King. I became sick. I have been fired.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
I am an older retired woman who took a part time job at Burger King. I became sick. I have been fired.
I began working about 4 1/2 months ago for 20-27 hours per week. Then, just over 6 weeks later, I began my shift and felt ill. I asked to leave and made it to my car when I collapsed. I was taken by ambulance to the hospital. I was hospitalized 18 days. As of today, about 2 months later, I have not been cleared by any doctor yet. I have been trying to get verification of employment to receive SDI which I have paid into. I just found out that I had been fired weeks ago without any notification. When I asked HR about my pay stubs, I was ignored. When I asked why I was fired, I was told it was because I could not work. When I asked why wasn’t I notified she referred me to the benefits director. Can they do this? I am appalled.
Asked on June 23, 2016 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Your employer may absolutely fire you if you can't work or have excessive absences not covered by the use of PTO or FMLA leave (and you would not yet have been eligible for FMLA given the length of time you worked): the law does not require employers to retain employees who miss work or can't work. You write that you were hospitalized for 18 days; and while you do not state so explicitly, the implication is that you did not return to work for 2 months (after having only worked there around 2 1/2 months before your collapse). An employer is not required to indefinitely hold your job for you.
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 AttorneyPages.com 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.