Legal Question in Employment Law in New York
Medical Appointment
My boss scheduled a meeting in my absence on the same day that I was supposed to get my pre-testing done for foot surgery. When I made her aware of the situation, she tried to talk me out of it. I explained to her that they needed the blood work at least two days before my surgery and I could not reschedule it. She left it up to me to decide what was right. Can she fire me for not coming to the meeting? I also have documentation from the hospital stating that they could not reschedule my appointment.
1 Answer from Attorneys
Re: Medical Appointment
It's impossible to say definitively whether she can fire you without knowing more about your job status. In general, employees not covered by some kind of written contract are employees "at will." That means that either party may terminate the relationship at any time, for any reason or no reason.
If you are an at-will employee, the employer can let you go any time it wants to, just as you can go to a different job any time you want to. If you are a member of a labor union, have a written contract, or the employer has written policies limiting its right to terminate, then the answer could be different.
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