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Fired for calling in sick

Discussion in 'Civil Court, Procedure & Litigation' started by bdw2774, Jan 28, 2008.

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  1. bdw2774

    bdw2774 Law Topic Starter New Member

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    Not sure where to post this.

    My wife's employer is threatening to fire her for calling in sick. She missed two days and returned with a doctors note. She left early one day and before leaving told her manager that she would not be in the next day. Here manager is saying that because she did not call the next morning she could be fired. There is no history of absence in my wifes case. Is it legal for her to be fired over these circumstances? If she is fired can we take them to court?

    Thanks.
     
  2. Duranie

    Duranie Moderator

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    There is nothing against the law for firing someone for this. A Dr's note doesn't mean anything. They can basically fire her for not coming to work, for any reason. Depending on how long she has worked there they may be less tolerant with absenses.
     
  3. cbg

    cbg Super Moderator

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    Based solely on the information in your post, I agree with Duranie. A doctor's note has no force in law except where FMLA is concerned, and based on the information in your post FMLA would not apply. It is perfectly legal to fire someone for missing work and/or not following call in procedures. A doctor's note does not change that. The employer has no legal obligation to excuse an absence just because of a doctor's note.

    Whether it is a good idea or good management is another story. But it is not illegal unless you are leaving out a LOT of information.
     
  4. chopshop

    chopshop New Member

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    Here in MAss we are an 'at will' state which I think means you can be fired at any time for basically any reason (legal reason).

    I would suggest that your wife look elsewhere for a job that allows to be sick- being that hard on someone isnt acceptable in my eyes.
    I won a small business and if my employees need to be out- thats OK with me- as long as they can document they were really at the Drs or dentist or what have you. If they cant- then I wouldnt be too happy.
     
  5. Scooterdog

    Scooterdog New Member

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    If the company has a handbook for employee's, that is what you would look at.

    Document everything. I myself cannot see where they are legally correct on this if they were to fire her for seeking medical attention. That's just my opinion, I'm not looking at any laws at the moment.

    As I said before, if there is an employee's handbook, you have to follow the procedure in that.

    One may want to find a good book on employee's rights and read up. There are things she shoudl be doing, such as documenting things, and changes, etc.., and there are certain things ALL companies do(they have manuels on how to screw the empoyee) before a firing, and it's important to have followed certain steps/procdure to protect yourself.
     
  6. cbg

    cbg Super Moderator

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    Just as an FYI, the only state in the US that is not at least nominally at-will is Montana, and Montana recognizes the at-will doctrine in some circumstances.

    I'm not saying I agree with firing an employee who calls in sick (at least, not under most circumstances) but barring FMLA protections it is legal.
     

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