Can I sure?

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Can I sure?

I was admitted to the hospital for
a few days and released with no
restrictions to go back to full
duty at work and my employer is
refusing to take my doctor’s note
basically saying that I am fired
for being in the hospital and that
they don’t believe that the note I
have is a good note I mean I
wouldn’t be making something like
this up I was sick enough to get
admitted to the hospital is there
anything I can do about this

Asked on August 20, 2017 under Employment Labor Law, Florida

Answers:

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

Answered 6 years ago | Contributor

The fact is that an employer need not accept a doctor's note to cover an absence. Therefore, unless you used PTO (vacation and/or sick days) to cover your time out, you can be fired for missing work. In fact, in an "at will" employment relationship, a worker can be terminated for any reason or no reason at all, with or without noitce. Basically, an employer can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination). Your only protection here would be if your dismissal violated the terms of an employment contract or union agreement.

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

Answered 6 years ago | Contributor

The fact is that an employer need not accept a doctor's note to cover an absence. Therefore, unless you used PTO (vacation and/or sick days) to cover your time out, you can be fired for missing work. In fact, in an "at will" employment relationship, a worker can be terminated for any reason or no reason at all, with or without noitce. Basically, an employer can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination). Your only protection here would be if your dismissal violated the terms of an employment contract or union agreement.


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.

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