Employment Law

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Can an employer terminate you if you have a dr excuse for…

Customer Question
Hello can an employer...

Hello can an employer terminate you if you have a dr excuse for being off work?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Pa

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thank you

Submitted: 6 months ago.Category: Employment Law
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Answered in 2 minutes by:
1/9/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 6 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,785
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

I am afraid that absent a written employment contract to the contrary, your employment is deemed at will. The laws do not force employers to provide sick days and even if an employee is out sick and has a doctor's note, the employer has a right to terminate the employee UNLESS they were out on leave under the Family and Medical Leave Act and had FMLA leave approved by the employer and in that case they would be protected for up to 12 weeks of leave.

Other than leave under FMLA, the employer could fire an employee even when the employee has a doctor's excuse.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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