Is it illegal to fire somebody with a doctor’s note and on their day off

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it illegal to fire somebody with a doctor’s note and on their day off

I work at Domino’s I went to the
hospital and infection in my stomach
and they gave me 2-day Notice off and I
had two days scheduled off I go back in
Monday on my scheduled shift they told
me I don’t work there no more

Asked on October 26, 2017 under Employment Labor Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Did you have and use paid time off (e.g. sick days) you had earned to cover any absence? If you did, you may not be terminated for using a benefit (sick days or PTO) you had worked for and earned, and if you were terminated for using PTO, you may have a wrongful termination claim: consult with an employment law attorney about possibly suing and what you might be entitled to.
If you did not use PTO for any absence, you may be terminated: the law does not require employees to retain employees who miss work other than with the use of PTO (or FMLA leave, if you and your employer were both covered and this absence was eligible for Family and Medical Leave Act leave--you can find the rules for FMLA leave on the U.S. Dept. of Labor website). 
You may also be terminated for reasons unrelated to the infection, like poor performance, insubordination, other absences or lateness, etc.
A doctor's note does not protect you--it is widely believed that one does and that you can't be terminated if you have a doctor's note, but that is not true. All a doctor's note does is provide proof that you were sick, but it does not itself give you the right to miss work.
You may also be terminated on your day off: there is no legal requirement that it be done when you are at work.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption