Legal Question in Business Law in Pennsylvania
Fired over medical condition
I currently have pneumonia and I had currently seen a doctor for what I have been diagnosed with. I had to go to work this morning but do to me passing out I had called off. My job is or well was a waitress for brothers pizza of wingate. After I had called my (so called manager) I had recieved a phone call from the owner of the company stating I had been fired for calling off due to saftey reasons) Being a waitress, dealing with hot food and passing out and haven pneumonia dose not go together. However I was fired for calling off to the wrong person when I had been addresed by the owner that I had called th wrong person when it was never addressed to call him.
1 Answer from Attorneys
Re: Fired over medical condition
You asked about being fired over a medical condition.
Unfortunately it may be that your firing was not a violation of your rights.
Just because a person is ill does not mean that they are protected from being fired, or can recover if they are fired. They would also need to be covered under a law providing protection. Two laws come immediately to mind, the first is the ADA, but that it not applicable unless a condition will extend for an extended period of time.
The other would be the Family Medical Leave Act. First of all you must establish that the employer and employee are each covered by the law. Then you must determine whether the illness is covered under the law, and finally whether the employer improperly refused to allow or provide protection under the law.
In this case, it appears the adverse action was for improperly calling out sick and not as a failure to permit use of FMLA leave.
Regards,
Roger
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