Legal Question in Employment Law in Virginia

i was fired what can i do... if anything

My employer has a attendace point system. When you reach a curtain about a point you recieve a set action. ex 15 pts = term. Towards the end of my employment I was sick and returned to work with a dr note. But i was still charged 1 pt for each day absent. Because i was out sick it brought me over the limit with the points and i was fired. Can an employer hold an absense against me even with the note.

Also I think another employee had more points than me and is still employed there. However I can't prove it.

In case it matters I live and work in Virginia.

please advise.


Asked on 5/02/06, 7:55 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: i was fired what can i do... if anything

Virginia is a so-called employment-at-will jurisdiction where employers have many rights and, consequently, employees have many fewer such rights. Among those rights that inure to employers is the right to terminate an employee for almost any reason that doesn't violate federal anti-discrimination laws and which also includes the right to fire an employee who they believe has taken too much sick leave(even if such belief is erroneous).

P.S. And having a doctor's note to support one's claim makes absolutely no difference in whether a person can be terminated.

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Answered on 5/03/06, 9:59 am


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