Can you be fired for being sick?

After calling my boss and tailing them that I was in the ER. He called me 30 minutes later and told me I was fired.

Asked on November 3, 2011 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, in many cases you can be fired for  being sick--or rather, for not coming in to work. Companies are not obligated to give employees any sick leave or time, even unpaid leave or time; they can fire employees who do not show up for  work.

There are exceptions: no firing if the illness or injury was incurred at work; no firing someone because they are disabled (though most medical issues are not

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.