What to due about a possible wrongful termination?

I work for a big company as a RN. My last work day was on the 25th. On the 26th, my day off, I went to a doctor and she did a procedure. I called out sick the next day and the next 3 days. Today HR informed me that I was terminated on the 27th (the first day I called out). Is it legal? If not, what should I do?

Asked on October 31, 2011 under Employment Labor Law, New York


Sharon Siegel / Siegel & Siegel, P.C.

Answered 9 years ago | Contributor

Were you employed pursuant to an employemnt contract or agreement?  This is the significant fact that you have left out.  Also, if you were not, did discrimination play arole in the termination?  What are your prior evaluations?  Employment cases are hard to size up on the internet.  I encourage you to consult a lawyer.  Good luck.



S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

New York is an employment at will state. This means that the employer can fire you for any reason without being subject to wrongful termination. This is esxcept in the case where you have an employment contract, are in a union or are terminated for a discriminatory reason. The issue in your case is whether or not you are in a union. If you are, you probably have rights under your union contract and you should contract representative. If you have a private emplotment contract, you need to review the contract to see what the grounds are for dismissal. If neither applies, and you were not fired for a discriminatory reason (race, gender, age), then unfortunately you may be out of luck. If you are make sure you are properly paid your unused sick days and other benefits you may have had.

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