How can I get fired from my job if I had a doctor’s note?

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How can I get fired from my job if I had a doctor’s note?

I have been sick. I suffer from asthma my work involves outside a lot. They sent my separation notice to me due to missing work. Is this right? Do I have a case?

Asked on January 31, 2017 under Employment Labor Law, Georgia

Answers:

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

Answered 4 years ago | Contributor

First of all, a doctor's not is not legally binding on an employer. Further, a general rule, an employer is free to fire an at-will employee who misses too much work since attendance is a basic requirement of a job. That having been said, there are exceptions to this. If your absences are protected by the FMLA (Family Medical Leave Act) or ADA (Americans with Disabilities Act), workers' compensation laws, or state paid sick leave laws, or if you had PTO, then your company can't fire you because of them. Otherwise, absent protection under a union/collective bargaining agreement or employment contract, your employer was free to set the conditions of your employment much as it saw fit.


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