Is it legal for my employer to fire me for a personal injury that did not happen at my job?

UPDATED: Sep 30, 2022

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Is it legal for my employer to fire me for a personal injury that did not happen at my job?

Please note that I was still in my 90 day probationary period. I had a back injury from a long time before I started employment there. After going to my primary care doctor, I was put out if work pending the results of an MRI. Then 2 days after I was told that I was fired. Was it or is it legal for them to fire me?

Asked on November 19, 2015 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you missed work without using paid time off or other compensatory time which you had already accrued (e.g. sick leave), then it is most likely proper, since in this case, it would have been an unexcused absence. Employees may be fired for unexcused absences, even if a cause of the absence is a pre-existing medical condition.

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 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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