What to do if I was fired for being out sick?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I was fired for being out sick?

I went to work and got sick. I was taken to the hospital and admitted for 3 days. I called my job and told my boss that I couldn’t go back to work until the doctor said yes. So 2 weeks later, with doctors note in hand, I headed back to work but was informed that I had been fired.

Asked on December 13, 2012 under Employment Labor Law, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless you had a union agreement or employment contract that provided that you could not be fired under the circumstances, or your termination violated the terms of company policy, or some form of actionable discrimination play a role in your discharge, then you have no legal recourse.

The fact is that an "at will" employee you may be fired at any time, for any reason; this includes seemingly unfair reasons. Contrary to what most employees believe to be the law, there is no general legal right to take time off from work for being sick.

Note: If you had sick days or other PTO that you could have used but did not, that itself could be enough to cause your termination.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption