Legal Question in Employment Law in California
being sick
Can you be fired for calling in sick? I was working for a company and they said I could not be sick and if I would call in sick they would fire me. Wouldn't you know it I got sick, I got fired. Can they do that, is it legal.
2 Answers from Attorneys
Re: being sick
As an 'at will' employee, you can be fired for any reason, no reason needed, unless the firing is illegal, which this is not. If it were because of 'discrimination' or whistleblower retaliation, that would be illegal.
Re: being sick
An exception to the "at-will" law, is in situations where you are protected under the family medical leave act(FMLA) or its state equivalent.
Basically, you must have worked for a company with at least 50 employees, locally, have been with the employer on a full-time basis for at least one year, and have suffered a serious illness. If you meet this criteria, you should call an employment law attorney to have your case more fully evaluated. The statute of limitations to take legal action is one year.
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