Can I be fired for attendance without any written warning while out onmedical leave?

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Can I be fired for attendance without any written warning while out onmedical leave?

Do I have any standing if the company handbook states that there is to be a verbal and written warning before termination can be called for in account of attendance. Not to mention I was fired while on doctor mandated hiatus due to a back injury. Is that legal?

Asked on June 30, 2011 under Employment Labor Law, Washington

Answers:

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

Answered 9 years ago | Contributor

First of all, an employee can be terminated while out on medical leave if the reason is unrelated to the employee's medical condition; here you have an attendance issue so it might well be related. Also, if the employer's policy provides for notice or the like an it was not given then an employee would have a claim; here you were not provided with either verbal and written notice so you appear to have a legitimate grievance. Without seeing the policy in question however it's hard to advise further. At this point you should consult directly with an employment law attorney as to the specifics of your case. When you meet with them be sure to bring your employee handbook or copy of the applicable policy in question. They will need to review it (also bring any employment contract or union agreement if you have one as well).


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