Legal Question in Civil Rights Law in California

sick time

If you call in sick and you are truly sick can your employer call you and make you come into work?


Asked on 1/04/08, 1:37 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: sick time

Nobody can MAKE you do anything. However, as an 'at will' employee, they can fire you for not coming in, or for any other reason at any time they want; that is unless the firing is 'illegal', as in probable civil rights discrimination or whistle blower or other legally defined retaliation. IF that is the case, then contact me.

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Answered on 1/04/08, 2:30 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: sick time

I think your question is "can I be fired if I don't", or ?what consequences can there be if I don't?"

Without a contract, employment in CA is "at will" meaning you can be fired anytime for anything other than for protected things like race, gender, disability, etc. If your employer thinks he wants to fire you because he perceives you are sick too often he can do that. If he can fire you he can do other things as well, like refuse to pay you for time lost from work (unless there is a policy of giving sick days.)

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Answered on 1/04/08, 2:59 pm


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