I am a diabetic and I was terminated for calling out sick because my sugar was elevated. I did go see my doctor and he provided me with a doctor’s note. I was still terminated.Do I have a lawsiut?

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I am a diabetic and I was terminated for calling out sick because my sugar was elevated. I did go see my doctor and he provided me with a doctor’s note. I was still terminated.Do I have a lawsiut?

All I needed was one day to go see my doctor. My employer terminated me.

Do I have a lawsuit ?

Asked on August 18, 2017 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends; if you had and used sick days for the absence, or the employer had an actual "calling out" policy that allows employees to call out sick under certain circumstances and you fully complied with it, then you should not have been terminated. It would be wrongful termination to terminate you for using a benefit you earned (i.e. a sick day) or following the company's own policies. In this case, it appears you would have a wrongful termination lawsuit.
But if you did not have and use a sick day, or the company does not have a call out policy, or it does have such a policy but you did not comply with it (e.g. did not call out properly or in time), you could be terminated. Missing work without using paid time off or in compliance with an employer policy which lets you call out is an unauthorized absence, and employees may be terminated for unauthorized absences, regardless of the cause (even a doctor's visit). The doctor's note does not matter; the doctor has no authority over your employer. In this case, you would not have a lawsuit or legal claim.


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