If I called out of work with neck issures and was going to a doctor that day, can I be terminated?

UPDATED: Aug 9, 2012

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If I called out of work with neck issures and was going to a doctor that day, can I be terminated?

I called in stating that I was unable to come to work due to neck issues and limited mobility; I’m currently a dental assistant. I told my office manager that I was going to the doctor and if they needed a note I would be glad to supply it. A few hours later, I received a call stating that “I should have been at work and how inconsiderate of me to call out”. Again, I stressed I was unable to move my neck and was going to the doctor. They cancelled my medical insurance shorly after, which I pay a portion of each month. What are my rights when getting terminated upon having health issues?

Asked on August 9, 2012 under Employment Labor Law, North Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Speak with an employment attorney in your area.  If you ave a documented disability then you can not be terminated because of same.  But it does not really sound as if that is what happened here and they just decided to fire you - and as an employee at WIll that is their perogative.  However, you have to be given the opportunity to obtain COBRA for your health insurance and that may be an issue to discuss with your lawyer.  Good luck. 

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