What are my rights if I’m getting fired even though I had doctor’s notes?
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What are my rights if I’m getting fired even though I had doctor’s notes?
I just got fired from due to 3 absences that I had and I called in passed my start time. I was placed on AWOL but after those absences I brought in my doctor’s notes due to a eye infection that I had going on. So my supervisor decided to seperate me from the job due to those absences just because I couldn’t call on time. Was that legal?
Asked on December 24, 2016 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
A company need to honor a doctor's note. The fact is that a business is not required to give a worker time off unless they used PTO (i.e. sick days, vacation time, etc.) or they were eligible for leave under the FMLA. Absent these 2 exceptions, if the employee missed work for medical reasons, they could rightfully be fired. This is true even if they presented a doctor's note, since such a note is not legally binding on an employer. Therefore, absent a union agreement/employment contract to the contrary, or some form of actionable discrimination, a company can set the conditions of work much as it sees fit. This includes when and why to dismiss a worker.
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