Legal Question in Employment Law in Virginia
Fired while out on doctor's orders
I work out of my home, when I am not traveling for business, however, I do work for a large manufacturing company. I was instructed not to work due to a medical condition I recently saw my doctor for. The following day, I left my supervisor a voice mail to inform him of this and also that is the reason why I did not turn in a report, but would as soon as I was able. When my supervisor returned my phone call the next afternoon, he was furious that I did not turn in the assigned report. During that conversation I informed him of my out-of-work status with my doctor and that I would be happy to fax him a copy of the doctor's note. He still became aggitated that I did not turn in the required work and terminated me on the telephone on the spot. I am looking for assistance with my rights. What recourse do I have? Can my supervisor terminate me while out on doctor's orders with a legitimate note from my doctor?
1 Answer from Attorneys
Re: Fired while out on doctor's orders
Yes, absent a contract prohibiting this kind of conduct, the employer can do exactly as you've described with virtual impunity in the employment at will jurisdiction known as the Commonwealth of Virginia.