Can you be fired just for being hospitalized?

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Can you be fired just for being hospitalized?

I was sick and had to be put into in the hospital. I informed my boss of this by text. I also kept them updated about my condition. However, now that I’m ready to come back, they’ve told me that they didn’t schedule me I have been fired. Can I sue?

Asked on June 16, 2019 under Employment Labor Law, California

Answers:

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

Answered 1 year ago | Contributor

Unless you used PTO or sick leave, then your employer was within its rights to terminate you due to unexcused absences. The fact is that unless this action violated the terms of an employment contract or union agreement, you were an "at will" worker. This means that you could have been fired for your missing work or for any reason or no reason at all, with or without notice.

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

Answered 1 year ago | Contributor

Unless you used PTO or sick leave, then your employer was within its rights to terminate you due to unexcused absences. The fact is that unless this action violated the terms of an employment contract or union agreement, you were an "at will" worker. This means that you could have been fired for your missing work or for any reason or no reason at all, with or without notice.


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