CAN I BE FIRED IN NEW YORK FOR BEING SICK WITH DR. NOTE?

Question Details: I HAVE BEEN EMOPLOYED AT NEW JOB 2 1/2 WEEKS NOW. I HAVE BEEN SICK THE LAST TWO DAYS. DAY ONE I CALL IN AND TELL THEM I AM SICK AND GOING TO HOSPITAL. AT HOSPITAL DIAGNOSED WITH FLU, EAR INFECTION, AND SLIGHT PNEMONIA. DR NOTE STATES NO WORK FOR TWO DAYS AND BED REST. DAY 2 I TRY TO GO INTO WORK ANYWAYS AND VOMIT TWICE WITHIN FIRST 15 MINS, TELL SUPERVISOR I NEED TO GO HOME. JUST GOT A TEXT MESSAGE FROM FELLOW EMPLOYEE STATING HE OVERHEARD I WAS GETTIN FIRED. IS THIS LEGAL?

Asked 11/4/2009 under Employment and Labor | 354 View(s) | More Legal Topics

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Employment and Labor Law Answers

Under most circumstances employers can hire and fire employees at will--that means, when they want to and for whatever reason.  In your case you were only employed for 2 1/2  weeks so you are not eligible for any medical leave programs.  It seems unfair to be fired because you were legitimately ill==but that is your employer's prerogative.

Most employment relationships are what is known as "at will".  This means that you can work for an employer, or not, your choice.  In turn, the employer can hire or fire someone for any reason or no reason whatsoever.

The only exceptions to this are: 1) If there is an employment agreement or contract (which governs termination); 2) If there is a union or collective bargaining agreement (which governs termination); 3) If there is an employee handbook or other official policy statement (which governs termination); 4) If discrimination is a factor (there can be no termination for reasons of race, religion, age, disability, sex, national origin).

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