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LawGirl, Lawyer
Category: Employment Law
Satisfied Customers: 4606
Experience:  I have practiced employment law.
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can a employer fire you for medical reasons and missing work

Resolved Question:

can a employer fire you for medical reasons and missing work but keep another employee who has medical problems too and misses just as much work?
Submitted: 8 years ago.
Category: Employment Law
Expert:  LawGirl replied 8 years ago.
Thank you for your question.

Ultimately your employer has the discretion to decide how they want to discipline employees. So, it is possible for your employer to terminate one employee and not the other. The only caveat is that your employer does not have the ability to make this judgment call on any discriminatory basis (for example any basis that takes into account an employees race, religion, gender, national origin, ancestry, etc.)

Please let me know if you have any other questions on this matter or require clarification. Otherwise please hit "ACCEPT" so I may receive credit for my efforts.

Good Luck!
Customer: replied 8 years ago.
But I am the only female that works there.
Expert:  LawGirl replied 8 years ago.
If you can prove that either you were entitled to family medical leave and did not receive it, despite properly applying for it, or that you are receiving this treatment because you are female, then you may have a case against your employer.

These cases are generally VERY factually sensitive. So, you may want to consult with a local employment law attorney who can become intimately familiar with the facts of your case to assess whether you have legal recourse.
Customer: replied 8 years ago.
The only problem is I don't quilify for FMLA because it's a small company with 15 employees is it worth contacting a lawyer?
Expert:  LawGirl replied 8 years ago.
Then it sounds like you would need to be able to prove that you were treated differently and terminated because you are a woman. If you do not qualify for FMLA, then your employer has no obligation to excuse absence for illness or grant you leave.
Customer: replied 8 years ago.
That is what I thought Thank you!
Expert:  LawGirl replied 8 years ago.
No problem. Best of luck to you!
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