What to do about a possible wrongful termination?

My son was terminated from a national chain store. He took them a doctor’s excuse and called the work line, due to a strained/sprained ankle. My son is disabled/handicap and enjoyed

working there and he doesn’t understand what’s going on. We need help.

Asked on July 2, 2016 under Employment Labor Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Did your son have and use a sick day for any absence? Or if not, is the company policy that you may call out of work--and, if so, did he comply with all the rules about doing so (e.g, called in time)? If he missed work and because of company rules and/or how he missed work or notified the employer, it was an unexcused absence, he could be terminated for it: employees may be terminated for unexcused absences regardless of doctor's notes. But if it was an excused absence, he should not have been terminated for it; in that case, since he is disabled, this may have been illegal disability-based employment discrimination, and you and your son may wish to contact the federal EEOC or your state's equal/civil rights agency to file a complaint.


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