Can you be fired from a job due to illness if you have a excuse from the doctor?

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Can you be fired from a job due to illness if you have a excuse from the doctor?

Asked on June 20, 2015 under Employment Labor Law, California

Answers:

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

Answered 5 years ago | Contributor

Unfortunately, you gave no details of your situaion. However, it is a common misconception that a doctor's note is a "get off of work without consequences" reason. It isn't. So unless your illness qualifies for FMLA (or equivalent leave under specific state law) , you have no protection from being discharged for being out sick. While many employers accept a doctor's note that the employee was legitimately sick , they are not required to under unemployment law and may terminate you for being absent even with a not from your doctor. In fact, if you are an "at will" employee (and most peole are), you can be fired for this reason, any reason or no reason at all.

If you are unsure of your rights, you should consult wih an employment law attorney in your area or your state's department of labor.


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