Is it legal for your employer to take you off the schedule if you come to work ill and cannot work?

They tell you can go home and then take you off the schedule and tell you that you are terminated for insubordinance.

Asked on August 21, 2015 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you had and properly used a sick day for your inabilty to work, or you properly called in sick or unable to work, pursuant to your employer's policy if they have one about calling in sick, then they should not be able to terminate you for complying with their rules and/or using a benefit a sick day you earned.
But if the above was not the case, if you simply showed up for work ill and could not work, then they could terminate you if you did not have a written employment contract if you do not have a written employment contract, you are an employee at will and may be terminated at any time, for any reason whatsoever including not being able to work, or not using the call-in sick policy properly.
Doctor's notes are irrelevant in this situation the doctor has no authority over the employer, such as no authority to require them to let you not work to require them to put you back on the schedule.
This would not be termination for "insurbordination"--which is "for cause" termination which can render you ineligible for unemployment benefits--unless you actually were insubordinate e.g. rude, profance, or abusive to a manager.
 


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.