Can you legally be fired for being "too sick"?

[smithkelly]

My sister's boyfriend just lost his job today because his employer heard him coughing and told him he was "too sick to be working." and he was pretty much fired on the spot. The week before he had been coughing up blood, and went to the doctor, where he was diagnosed with severe bronchitis and told he shouldn't work (at an auto body shop, where there is a lot of strenuous activity) for the rest of the week. He gave a note to the employer, and they were upset because they didn't think he should be taking 5 days off of work, no matter how sick he is, but when he does show up at work sick, he gets fired. Can they legally do that to him?

 

[army judge]

An employer doesn't have to provide a reason to terminate an at will employee.
I suggest he file for unemployment insurance and seek new employment.
But, he might want to attend to his health.
Coughing up blood can mean many serious ailments.
Can he be fired?
Well, he was fired, according to you.
Was it legal?
That can only be determined by a court, if he sues them.
That dog won't likely hunt.
So, I guess he can be fired.

 

[cbg]

How long has he worked for this employer, and how many employees do they have? There's a reason I'm asking.

 

[shrinkmaster]

How long has he worked for this employer, and how many employees do they have? There's a reason I'm asking.

Are you leaning towards FMLA? I dont see a "cough" being a FMLA issue

 

[cbg]

But severe bronchitis might.

 

[shrinkmaster]

But severe bronchitis might.

Ok then yes

 

[army judge]

The OP didn't indicate that the terminated party had ever requested or received FMLA leave.
Somehow, as is the case 99% of the time, a few negative aspects of the story have been omitted.

 

[cbg]

The employer has the responsibilty for notifying the employee about their right to FMLA - the employee does not have the responsibility for asking for it.

 

[army judge]

The employer has the responsibilty for notifying the employee about their right to FMLA - the employee does not have the responsibility for asking for it.

I'm betting that a local garage has no duty to do anything with FMLA, because they don't have 50 or more employees!

 

[cbg]

That could be. It would depend on whether it was a single, stand alone garage or part of a larger organization. If it was Joe's Auto Body, probably not. If it was the local Maaco's, FMLA would apply unless it was the only Maaco's within a 75 mile radius. The poster only says it was an auto body shop, not how large the employer is or how long the employee has worked there.

We don't know if FMLA applies. That's what I'm trying to figure out. But the answer to her base question depends on it. If FMLA applies, then the employer probably violated the law. If FMLA doesn't apply then the employer probably did not.