Is it legal for my employer to fire me for a personal injury that did not happen at my job?

Please note that I was still in my 90 day probationary period. I had a back injury from a long time before I started employment there. After going to my primary care doctor, I was put out if work pending the results of an MRI. Then 2 days after I was told that I was fired. Was it or is it legal for them to fire me?

Asked on November 19, 2015 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you missed work without using paid time off or other compensatory time which you had already accrued (e.g. sick leave), then it is most likely proper, since in this case, it would have been an unexcused absence. Employees may be fired for unexcused absences, even if a cause of the absence is a pre-existing medical condition.

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