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Tina, Lawyer
Category: Employment Law
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Experience:  JD, BBA, recognized by ABA for excellence.
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My son got fired sick. Got fired with 13 yrs of service.

Customer Question

My son got fired for being sick. Got fired with 13 yrs of service. State of indiana said he was fired wrongful. Got his unplloyment. Can he sue this company he c was c fired from?
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

The standard for getting unemployment is different from making a claim in civil court for an unlawful firing. In unemployment you must only be fired for no fault of your own. In civil court a specific law must be violation for the termination to be illegal. Firing someone for a short term illness like a cold, flu, broken leg etc. is no illegal. Firing someone for having a long term disability is illegal, and in some instances they must be given 12 weeks off without pay and have a right to their job back. So, was his condition a long-term serious condition or just something short-term?

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