Can an employer fire someone if they're really sick + miss work for ~ 1 week?

[LittleNemoNES]

nvm

 

[Sho'Nuff]

May depend on the state. But in most states yes, an at will employee can be released because of illness.

EDIT: Watch out for FMLA: http://www.employer-employee.com/fmla.html

 

[rivan]

Probably not if they're a union employee...

<shiftyeyes>

 

[spidey07]

Watch out for FMLA violations. If they didn't sign any paperwork for the leave then you should be just fine depending on state.

 

[BTA]

Should probably ask a lawyer not ATOT.

 

[sjwaste]

Depends on a lot of factors. Was the employer on notice? Then maybe not, because of the Family Medical Leave Act. I'm not an expert on this, though, and this is not legal advice.

 

[BoomerD]

Probably not if they're a union employee...

<shiftyeyes>

In my union, they'd just lay you off and call the hall for someone else...

Yes, OP, in MOST states, "at will" employment laws would permit this.

 

[InflatableBuddha]

Couldn't this person have a family member call on their behalf to notify the company? Maybe drop off a doctors note?

I would think this could be covered under short-term disability (or long-term, depending on the duration of the illness).

 

[DesiPower]

only if he/she has a history

 

[Newbian]

Really depends on the type of job and contract but with no notice for that amount of time then they should go for it.

No reason not to be even able to pick up a phone.

 

[Phoenix86]

Should probably ask a lawyer not ATOT.

First reply is from a lawyer, there's several on the boards...

File for FMLA before they terminate you and you're generally safe, regardless of at will employment (federal trumps state laws).

edit: the OPs scenario qualifies for job abandonment=no recourse if you get fired=no unemployment benefits.

 

[dainthomas]

Really depends on the type of job and contract but with no notice for that amount of time then they should go for it.

No reason not to be even able to pick up a phone.

Not sure about you, but I have trouble making calls while unconscious.

 

[sjwaste]

First reply is from a lawyer, there's several on the boards...

File for FMLA before they terminate you and you're generally safe, regardless of at will employment (federal trumps state laws).

No one is giving legal advice in public. It doesn't work that way. If you need legal advice, please make an appointment with a lawyer licensed in your jurisdiction and speak to them privately.

 

[mmntech]

At my company, being sick is no excuse! Seriously. We are so short staffed it's not funny.

I think it depends on labour laws in your state. Usually they'll keep paying you until your sick days run out. Then insurance kicks in. As long as he has a signed doctor's note, they won't fire him. At worst they'll lay him off if it becomes long term. Say more than six months to a year.

 

[Strk]

I know where I work they can if you don't come in with documents saying why you were out.

 

[Newbian]

Not sure about you, but I have trouble making calls while unconscious.

That's why you invade the dreams of your employer and tell them you are sick...

 

[KeithTalent]

If you have not heard from them, I would think you could fire them for cause. Why would they just vanish and not call in or at least attempt to get STD/LTD? Unless of course something very bad happened, but even then, after a week, you would think a family member would contact someone. :hmm:

KT

 

[Gooberlx2]

In most cases/states yes....but the person is probably getting fired more for not calling-in for a full work week than being absent/ill.

 

[Vette73]

I do HR for the Fed and the FMLA could apply here IF the person was unable to comminucate their wish to invoke it due to the illness.

Here is a quick line...

" if you or your personal representative are physically or mentally incapable of invoking your entitlement to FMLA leave during the entire period in which you are absent from work for an FMLA-qualifying purpose, you can retroactively invoke your entitlement (with sufficient documentation for your supervisor) within two workdays after returning to work."

Once the person is clear to return to work they have 2 days. So the employer can fire them but IF they can prove their illness kept them from comminucating that they were to sick to work and invoking their right to the FMLA they will have to be un-fired.

 

[classy]

Employment at will doesn't cover illness I don't think. Talk to an attorney, but I doubt for a legitmate verified illness can a person be fired.

 

[classy]

I do HR for the Fed and the FMLA could apply here IF the person was unable to comminucate their wish to invoke it due to the illness.

Here is a quick line...

" if you or your personal representative are physically or mentally incapable of invoking your entitlement to FMLA leave during the entire period in which you are absent from work for an FMLA-qualifying purpose, you can retroactively invoke your entitlement (with sufficient documentation for your supervisor) within two workdays after returning to work."

Once the person is clear to return to work they have 2 days. So the employer can fire them but IF they can prove their illness kept them from comminucating that they were to sick to work and invoking their right to the FMLA they will have to be un-fired.

Oh cool,

 

[Gooberlx2]

but even then, after a week, you would think a family member would contact someone.

Thankfully if my family was too absent-minded to call in for me, I know my supervisor would start calling my emergency contacts to try to find out what was going on....if only out of concern for my well-being.

 

[alkemyst]

No one is giving legal advice in public. It doesn't work that way. If you need legal advice, please make an appointment with a lawyer licensed in your jurisdiction and speak to them privately.

QFT...this is why on most law forums the lawyers include pretty major disclaimers.

This kind of situation was not presented with enough information to make any legal recommendation.

OP as their friend and a co-worker why don't you know anything more?

Your first steps in this should be:

1) get in contact with the person in question or a roomie/relative.

2) get in contact with HR or have that other person contact your HR department to give them the break down on what is happening.

HR has to play by rules. However, they can pull the abandoment of duty card if an employee just disappears. It's not up to them, I think in any state, to hunt down workers when they don't show up for a week.

 

[DrPizza]

Are public relations important for your company? Imagine this story hitting the public:
"I used to work for xyz company. 6 months ago, I got very sick. I was hospitalized for 4 days. It was discovered that I had a chronic illness that very well may cut my life short. As soon as I got out of the hospital, I went returned to my job. I made my employer aware of my chronic illness. Just a few weeks ago, I had to be rushed to the hospital. There, I spent 7 days drifting in and out of consciousness, IVs inserted into my arms, tubes stuck up my nose providing needed oxygen. The Xyz company was completely aware that I was hospitalized. Before I was discharged from the hospital, they fired me for being sick..."

VERY bad public relations (if such are necessary for your company.)

edit: (oh yeah, I know, that would only be one side of the story. However, that's the side of the story the public would hear.)

 

[Eli]

In most cases, yes, they can. Heartless, but they can.