Can I be fired if I get hurt outside work in my 90 day period?

UPDATED: Sep 30, 2022

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Can I be fired if I get hurt outside work in my 90 day period?

I sprained my ankle moving my stuff to a new house. I can’t walk and it’s badly swollen. I ask my employer if I could miss a night with a doctor’s note and they said they would fire me if I didn’t come. I am a month and I have 60 more days to go to be by hired on. I have never missed a day.

Asked on August 29, 2016 under Employment Labor Law, Indiana


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

Answered 6 years ago | Contributor

If you don't have any PTO to cover this time and are not eligible for FMLA, then you can be fired for getting hurt and missing work, or for for any reason or for no reason at all. The fact is that most work relationships are "at will" which menas that an employer can set the conditions of work much as it sees fit.

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 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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