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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118192
Experience:  20+ Years of Employment Law Experience
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Can employers discipline or fire you out sick if

Customer Question

can employers discipline or fire you for calling out sick if you have a doctors note. Your sickness is not covered under fmla.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that unless there is a employment or union contract to the contrary, the employee has no property right or interest in their job. What this means is the employee serves at the will of the employer and sick or vacation days are not something guaranteed by law, so the employer has a right to terminate an at will employee for any reason at all that is not based only on the employee's age/race/sex/permanent disability/national origin and the employee's only recourse in that case is filing for unemployment.
I am sorry to say that the at will employer has a right to expect the employee to be at work. While an employee may get sick, the employer is not prevented from terminating or disciplining the employee if they have absences from work.