If they fire me, can I sue?

UPDATED: Sep 30, 2022

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If they fire me, can I sue?

I’ve been working with a company for almost a year now and never had any complaints. I was doing so well my first week that I got promoted to full-time, mind you it was supposed to be Monday – Friday but turned into Sunday – Saturday, so 7 day weeks, no days off. I never got to see my daughter because they wouldn’t let me take a day off, couldn’t get a sick day either so I was forced to work sick, missed 2 family funerals as well. Then 3 months passed and I could barely stand due to exhaustion. I started complaining to my boss, then all these

Asked on September 27, 2016 under Employment Labor Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you had and used sick days which you had earned, you cannot be fired for using them, and you could sue if you were, because to fire you for using a benefit you earned is to deprive you of compensation you worked for.
If your company is large enough to be covered by FMLA (at least 50 employees working within a 75-mile radius), you are eligible for FMLA (worked for them at least a full year), your illness or need for medical attention qualified for FMLA and you propertly requested FMLA leave, you could not be fired--firing you would be to illegally retaliate against you for using a benefit guaranteed you by law. You could sue or file a complaint with the department of labor for this retaliation.
But otherwise, if the company does not give you sick days and you did not use FMLA, and if the company does not let employees call out sick, then you may be terminated for being out, even for illness: the law does not guaranty employees the right to be out for illness, except as discussed above. Or if they do allow you to call out, but you failed to properly call even one time, they could terminate you for that.

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.

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