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

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Uppsala9496

Diamond Member
Nov 2, 2001
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May depend on the state. But in most states yes, an at will employee can be released because of illness.

WRONG! You can not discriminate against someone due to illness. Now if they don't call in/have doctors note, then they can be terminated.
When the person finally contacts the employer, they will need documentation from a doctor noting they were ill for however long (and no, they do not need to explain what - HIPAA confidentiality).
 

KeithTalent

Elite Member | Administrator | No Lifer
Administrator
Nov 30, 2005
50,231
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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.

Yes, that too, it would be the same here. If I had not seen/heard from one of my staff for even half a day I would be trying to track them down, if nothing else to make sure they were ok.

KT
 

Sho'Nuff

Diamond Member
Jul 12, 2007
6,211
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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.

Seconded. And by all things holy, don't listen to anything I say that sounds remotely legal unless I am talking about patent law.
 

Sho'Nuff

Diamond Member
Jul 12, 2007
6,211
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WRONG! You can not discriminate against someone due to illness. Now if they don't call in/have doctors note, then they can be terminated.
When the person finally contacts the employer, they will need documentation from a doctor noting they were ill for however long (and no, they do not need to explain what - HIPAA confidentiality).

OK fine . . .both of us are guilty of over generalization. As best I can tell, FMLA only applies to certain employers and certain employees. Thus, in a way we are both right, and in a way we are both wrong.
 

JEDIYoda

Lifer
Jul 13, 2005
33,986
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Probably not if they're a union employee...

<shiftyeyes>

If it`s california even if your a member of a union it`s still legal.
Now the union can and p[robably will try to go to bat for you but....california is an at will state!
 

sjwaste

Diamond Member
Aug 2, 2000
8,757
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81
Seconded. And by all things holy, don't listen to anything I say that sounds remotely legal unless I am talking about patent law.

Shit, I thought you were giving me advice. Hold on, let me get the <unintelligible> state bar on the phone and ask them what they think.

I can just see it now. I don't think the good folks at my state bar association even know what an internet forum is, but I'm sure at some point my career I'll have to explain it to them and why there wasn't an attorney-client relationship, nor legal advice given.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
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WRONG! You can not discriminate against someone due to illness. Now if they don't call in/have doctors note, then they can be terminated.
When the person finally contacts the employer, they will need documentation from a doctor noting they were ill for however long (and no, they do not need to explain what - HIPAA confidentiality).

Where do you get your info, you need much more than a doctor's note...also you can discriminate on illness it's not a protected class (race, color, religion, sex, national origin, disability, genetic information, or age)...pregnancy can be a reason not to hire someone. You can also still be removed from duty if the pregnancy prevents one from doing the job properly, so there are loopholes in that.

First...outside of pregnancy all bets are off and even then I am sure they can re-assign you to another position. This is the one holy grail that's been established and most company's don't want to go there. Companies also are not required to give 'sick time' with pay.

FMLA is not automatic. You have to be working a year plus 1250 hours (for most this would be almost 2 years of employment) prior to the leave request/situation. Your employer needs to employ at least 50 employees. You also have to be hospitalized or a situation where multiple leaves are needed due to a treatment plan. Just calling in sick and going to a doctor multiple times can still warrant a termination. Going to a doctor and finding out you have cancer and need to go in for treatment 3 times a week over a period of time is much different.

What you get is about 3 months of time and it can be without pay. If you go beyond that, you can be terminated.

This is the basics....California is the best for maternity leave I think you can be out almost a full year and still make half your pay.

My company offers long and short time leave. It's tiered on time in service, but after about 7 years you can make 100% pay for the first 6 weeks and then it drops off over the next 6 weeks.
 

DrPizza

Administrator Elite Member Goat Whisperer
Mar 5, 2001
49,601
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www.slatebrookfarm.com
Alkemyst, there are a larger variety of questions that are illegal to ask during interviews. Family status, are you pregnant, etc., are such questions. You seem to be implying that "protected class" is the ONLY list of exceptions.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
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we are not talking about interviews. Once a worker is hired, some of these factors can legally come into play esp if it affects their job performance.

Some of the questions can legally be asked as well if they DIRECTLY relate to the job.