Can I get fired for bring sick even if I has a doctor’s note?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I get fired for bring sick even if I has a doctor’s note?

I was fired yesterday for being sick even though I had a note from the emergency room physician.

Asked on December 4, 2012 under Employment Labor Law, Florida

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Florida is an at-will employment state.  So...if you did not have an employment contract with your employer, then you are considered an at-will employee. This means that your employer can terminate you for any reason or no reason-- as long as that reason is not for an illegal purpose like discrimination or comp retaliation.  Being sick is not considered an illegal purpose-- unless the hospital visit was part of a qualified FMLA event.  Based on the limited facts that you have provided, then yes, they could terminate you for attendance related to your illness.

If you think the hospital visit was just an excuse, and the real reason for your termination was some other illegal purpose, then you may be able to file an EEOC discrimination or some other retaliation suit.   If you did have an employment contract or formal agreement, then you may be able to file suit for breach of contract. 

Absent one of the exceptions noted above, you can still file for unemployment, which may be your remaining option. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption