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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Employment Law
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Experience:  Attorney at law and Just Answer Legal Mentor
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Can an employer fire you for being sick

Customer Question

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Submitted: 9 years ago.
Category: Employment Law
Expert:  Attorney & Mediator replied 9 years ago.
In general an employer can fire you if your sickness is affecting work performance and production and/or is resulting in poor attendance. If you are an "at-will" employee you can be terminated at any time and for any reason so long as the termination was not based on discrimination as protected under the Equal Employment Opportunity Commission. Now if you have a disability and your termination is based on that disability, then that would be discrimination, but being sick is not a protected class.




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Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.
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Customer: replied 9 years ago.
Reply to LawNinvest's Post: I have sinus problems, and inner ear pain.
I always go to the doctor for this and bring a doctor note for this.
There is a point system.
If you ask for a day off. They say you will not get paid for it. Yet tell you, you can have it off. Can they give you a pointe for this after it was approved?
Expert:  Attorney & Mediator replied 9 years ago.
The pointe system is not controlled by law, it is controlled by your employer's particular work policy. So I will be unable to answer whether your employer can give you a point for something they have approved. The answer to this question would depend on the terms of your employee handbook or discussion with your human resource department. If the employer is acting against their policies then the employer may be at fault for breaking the rules as they need to comply according to their rules, so if they violated their own rules and you were terminated because of this, then it is possible to sustain a wrongful termination action.



If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.

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