What to do if I recently came down with the flu and was terminated?

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What to do if I recently came down with the flu and was terminated?

My doctors put me on bed rest and no work for a week. Can I sue for the hair salon that terminated me even though I have a valid excuse and doctor’s note? I’d sue for lost wages.

Asked on January 17, 2013 under Employment Labor Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately, unless you had an employment contract, you were an employee at will; an employee at will may be fired at any time, for any reason, including missing work due to the flu. The law does not give employees the right to miss work due to being sick, or require employers to provide either paid or even unpaid sick leave; the law also does not give legal effect to a doctor's note. While what you describe is unfair, it appears to be legal, which means you could not sue over  it.


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