Can they terminate without dr note for one day
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Can they terminate without dr note for one day
My daughter was out due to miscarriage.. Did
not go into a medical facility because this
has happened before and used another excuse
instead because she did not want to share
that kind of info. Now she is being told she
will be terminated if she does not bring in a
dr note. She was out for one day.. and on to
of that her boss called her step mom and told
her that my daughter had missed work and why.
Asked on December 16, 2016 under Employment Labor Law, Oregon
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The fact is that most employment is "at will". This means that a company can set the conditions of the workplace much as it sees fit. This includes terminating an employee for an absence, with or without a doctor's note (assuming they did not use any sick says or PTO to cover the time). The fact is that an employee can be discharged for any reason or no reason at all. That is so long as such action does not violate the terms of any applicable union agreement or employment contract. Also, the worker's treatment must not constitute any form of legally actionable discrimination or retaliation (which you did not indicate).
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If your daughter does not have a written employment contract, she is an employee at will; that means that if she misses even a single day of work without using paid time off (like paid sick leave) which she earned, she could be terminated. In fact, if she missed work but did not have PTO for the absence, she could be terminated even if she had a doctor's note. In this case, your daughter's employer apparently is willing to let her stay if she provides a note, which is more than they are required to do--and they can definitely terminate her if she does not provide the note.
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