What to do if I was recently fired from a job after I texted them that I wouldn’t be coming in on that because I was having anviety attacks all night due to my PTSD?

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What to do if I was recently fired from a job after I texted them that I wouldn’t be coming in on that because I was having anviety attacks all night due to my PTSD?

This is a condition of which they were aware. I just emailed the company asking for copies of my paychecks and they told me they don’t keep that infomation. How do I go about getting my paycheck stubs if they don’t keep a copy? Also, if I was dignosed with PTSD and they knew that I had problems during the night ,can I be fired for calling in?

Asked on November 30, 2012 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, unfortunately you can be fired, even with a diagnosis of PTSD, if you don't come in to work unless either 1) you used some PTO (such as a sick day) to cover the absence; or 2) the employer has a call-in policy with which you complied in all respects. If either of these were the case, then the employer should not have terminated you. If you believe you were terminated in violation of company policy or despite correctly using PTO, then you may have a case for wrongful termination and should consult with an employment law attorney.

But if the above was not the case, then you can most likely be terminated because even with a disability, you have to be able to show up for work; an unauthorized absence can lead to your termination, the same way an unauthorized absence can lead to any other worker's policy.

Whether the company has copies of your paychecks or not, they are not required to provide them to you simply because you ask; you should have been able to make your own copies of the checks when you received them, or kept your own copies of the stubs.  The company is not the archive for employees, and does not have to maintain copies for and provide them to employees. They will have to provide the correct tax information to you at the end of the year, however, which may provide you what you need.


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