Can I pursue legal action after being fired if I have my doctor’s notes?

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Can I pursue legal action after being fired if I have my doctor’s notes?

Due to some medical issues with my now 10 month daughter, I had missed a couple hours a couple days in the last 2 months. However, I always took a doctor’s note in so there was proof that that is where I was. Well, 1 day last month I had to take my daughter back to the doctor because she was having the same issues. I called and told my manager and I also informed her that I would bring in a doctor’s note for proof that that was where I was. About 3:30 that afternoon she called me and told me that the district manager said just to let me go and at that point she didn’t even understand why. Is there anything that I can do legally about this?

Asked on October 6, 2018 under Employment Labor Law, Missouri

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unfortunately, unless you covered your abscenses with FMLA time or PTO (i.e. sick/vacation time), then you were out unexcused. This is true whether or not you provided your employer with notes from your doctor (or your daughter's doctor). The fact is that such notes are not legally binding on an employer; a company can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination). Accordingly, unless you have protection against your firing under the terms of a union agreement or employment contract, your termination is legal. 


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