in north carolina, can an employer force an employee to go home, then fire them for being absent?

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in north carolina, can an employer force an employee to go home, then fire them for being absent?

at wfm, a couple of employees were on final warning for absences or tardies. so, let’s say the employee has been making a diligent effort to not miss any work. they happen to be itching one day and say off handedly, “i think i have hives.” the manager then sends them home, though the had NOT requested it at all. when the person returned the next day, the same manager said, “you can’t come back without a dr’s excuse.” she replied, “for hives?” okay. 2 weeks later she was fired.

Asked on June 22, 2009 under Employment Labor Law, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There is more to the story than you are providing.  Generally, most states follow the rule of at will employment.  This means, absent discriminatory reasons, absent being under a contract or union, your employer can fire you with or without cause.

That being said, if the hives are contagious, then the manager may be in the right for sending someone home (think pink eye, think flu, etc).  Then, he or she may indeed need a dr.'s note.  Consult your employee handbook/manual.


Then, contact the North Carolina Dept of Labor (http://www.nclabor.com/ )and consult with a plaintiff's labor lawyer at www.attorneypages.com.  Check the lawyer's disciplinary record at the North Carolina State Bar.


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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