If they fire me, can I sue?
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If they fire me, can I sue?
I’ve been working with a company for almost a year now and never had any complaints. I was doing so well my first week that I got promoted to full-time, mind you it was supposed to be Monday – Friday but turned into Sunday – Saturday, so 7 day weeks, no days off. I never got to see my daughter because they wouldn’t let me take a day off, couldn’t get a sick day either so I was forced to work sick, missed 2 family funerals as well. Then 3 months passed and I could barely stand due to exhaustion. I started complaining to my boss, then all these
Asked on September 27, 2016 under Employment Labor Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If you had and used sick days which you had earned, you cannot be fired for using them, and you could sue if you were, because to fire you for using a benefit you earned is to deprive you of compensation you worked for.
If your company is large enough to be covered by FMLA (at least 50 employees working within a 75-mile radius), you are eligible for FMLA (worked for them at least a full year), your illness or need for medical attention qualified for FMLA and you propertly requested FMLA leave, you could not be fired--firing you would be to illegally retaliate against you for using a benefit guaranteed you by law. You could sue or file a complaint with the department of labor for this retaliation.
But otherwise, if the company does not give you sick days and you did not use FMLA, and if the company does not let employees call out sick, then you may be terminated for being out, even for illness: the law does not guaranty employees the right to be out for illness, except as discussed above. Or if they do allow you to call out, but you failed to properly call even one time, they could terminate you for that.
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