Can my employer drop my wage without notice if they say that I resigned but I was fired?

UPDATED: Oct 1, 2022

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Can my employer drop my wage without notice if they say that I resigned but I was fired?

I was terminated for needing a mental health day; I have a serious diagnosis that prevented me from coming to work. I was with a new the the company so they just fired me. Basically I was told,

Asked on February 24, 2019 under Employment Labor Law, New Mexico


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you took a "mental health day" without using accured sick days or FMLA leave--and if you were a new employee, you most likely did not have either--then you could be fired. There is no right to take a mental health day or otherwise miss work, even if have a "serious diagnosis" without using PTO or FMLA. 
You pay does NOT drop to mimimum wage, however: you last paycheck must be at your actual wage. If they will not pay you the full amount due you, you could sue them for the additional money (e.g. in small claims court).

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