If I have been going through some personal issues and have not been totally focused on my sales job, can I be fired for this?

UPDATED: Sep 29, 2022

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If I have been going through some personal issues and have not been totally focused on my sales job, can I be fired for this?

I am good at what i do and it has been noticed that I have been less than good. I spoke to my boss last week and told him most of my situation and he is good with everything. I have been in therapy and I am back on track with work. However, and this is my question, my theraist has said that I have to go to an in-house treatment center for my trauma issues for 3 weeks….soon. I cannot work. My sales numbers are good, I have never had a bad review and this is a necessary step in my getting healthy. The company I work for is privately owned.

Asked on September 22, 2015 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It doesn't matter if this is a necessary step--for you. Your personal health is not, to be blunt, a concern of your company. If you can't work and can take time off using PTO, that is one thing--you should not be fired for using a benefit you've earned. Or if you and your company are both covered under the Family and Medical Leave Act FMLA and you take FMLA unpaid leave, you can't be fired for using it. But you can be fired for not using PTO or taking approved leave, staying at work, and having your performance slip--regardless of the cause, employers do not need to retain people who cannot work satisfactorilly. And you can be fired for taking time away from work without using PTO or FMLA leave, or otherwise getting employer approval which may be freely withheld for the absence.

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.

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