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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33791
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I went to work 2/8/16 was there .5 hours and needed to go to

Customer Question

I went to work 2/8/16 was there for 2.5 hours and needed to go to the er due to breathing issues. I ended up having pneaumonia in both lobes, I made my supervisors aware that I would be out until the following thursday 2/11/16. I returned only to be told to leave by supervisor since they felt I wasn't well enough to work. I took friday off as well and had a follow up dr visit excusing me. I returned to work on mon 02/15/16 with a dr note stating I could return only if feeling able and that I would not be 100 % for at least a week or more. Unfortunatley my 2 year old developed a fever that evening, she could not go to daycare, I tried to find a backup without success. I informed my supervisor who told me that I had missed too many days already. I had to stay home with her, i couldn't leave her alone. I took her to the ER the next morning. After being there all day x rays found that she has pneaumonia and cannot return to daycare until Thursday 02/18/16. I have Dr notes and I sent them
Submitted: 9 months ago.
Category: Legal
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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I have read your comments, but I don't see an actual legal question..

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If you can post a legal question, I will try to help...

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thanks

Barrister

Customer: replied 9 months ago.
Oh of course, Can I be fired?
Expert:  Barrister replied 9 months ago.

Ok, if you are not under a written employment contract for a set duration or aren't a governmental employee, then under MN law, all employment is considered "at will". What this means is that an employee can quit or an employer can fire or change the terms of employment (change hours, location, duties, pay, etc.) at any time for any or no reason at all.

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Wrongful termination only comes into play if you were terminated for being part of a protected class (gender, sexual orientation, age, disability, religion, national origin).

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So legally, yes, they could terminate you if they chose to based on the absences unless they have an established HR policy that states otherwise. If they do, then they have to comply with their own policy.

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thanks

Barrister

Customer: replied 9 months ago.
Even though I have provided documentation to excuse myself from work?
Expert:  Barrister replied 9 months ago.

Unfortunately, it isn't really up to you to "excuse" yourself from work. If the company has a HR policy where you are given time off if you provide a doctor's note, then they have to honor that. But providing a doctor's note doesn't automatically give an employee the right to take time off absent any employer policy.

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thanks

Barrister

Customer: replied 9 months ago.
It is company policy that if you miss work due to illness a Dr's note is required. I just can't see an employer being able to terminate employment for something that is out of the employees control.
Expert:  Barrister replied 9 months ago.

Ok, if they have a policy where you can be excused from missing work if you provide a Dr. note, then you should be fine.

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I just can't see an employer being able to terminate employment for something that is out of the employees control.

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Legally they can in the absence of a policy... and in the same way you could quit at any time wanted as they can't force you to work for them... So it goes both ways..

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thanks

Barrister

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