Was it legal if my employer fired me recently due to attendance issues even though the only reason I had the attendance points was because my short term disability was denied?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Was it legal if my employer fired me recently due to attendance issues even though the only reason I had the attendance points was because my short term disability was denied?

I would like to add that I did originally go to my own doctor about my first injury and he would not see me since I had filed a claim with workers comp. That and my claims adjuster saying I can’t

see my own doctor is the reason I did not go to my doctor when I was hurt again. My original injury was my shoulder/rotator cuff and when I went to the clinic the first time I mentioned my back hurting as well but nothing was ever done about it. After I hurt my back again on light duty, my

restrictions were ignored by my managers, I repeatedly told my adjuster and workers comp doctors

my back hurt. One of the workers comp doctors even sent a request to be allowed to examine my back because of the pain was interfering with my physical therapy for my shoulder. He was even denied and I was never looked at until January 25th of 2019 after months of nagging. Since

returning to work my neck was hurt and I’ve had migraines and sharp pains in my neck shooting down to my hand. My right side is mainly affected and my hand and face would go numb and tingle. I told my managers this several times but was told to get back to work. I was told by the safety manager to go to the ER if it happens again so that is what I did.

Asked on May 16, 2019 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can be fired for this reason unless one of the following is true--
1) You had and used paid time off (PTO), like sick days, to cover any absences from work.
2) Your company is covered by the Family and Medical Leave Act (or similar state law), which, for the FMLA means that it has at least 50 employees within a 75-mile radius, and you are eligible under the FMLA (or similar state law), which for FMLA means that you have worked there at least one year and worked at least 1,250 hours in the last 12 months, and requested and used "intermittant" FMLA unpaid leave for any therapy, doctor's visits, etc.
If you were terminated despite use of PTO, speak to an employment law attorney; if you were terminated despite using FMLA or a similar state law, contact the state department of labor. But without using PTO or FMLA, there is no right to miss work due to an injury or its treatment and you could be terminated.

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 lock Secured with SHA-256 Encryption