Is it legal for an employer to fire an employee due to health issues?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal for an employer to fire an employee due to health issues?
I have a couple of heart conditions, and my employer fired me due to missing a few days of work, even though I had a doctors note which my employer had requested. Do I have any recourse?
Asked on February 16, 2017 under Employment Labor Law, Washington
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
First of all, a doctor's note is not legally binding on an employer. Further, as a general rule, a company is free to fire an at-will employee who misses too much work since a basic job requirement is attendance. That having been said, your absences are protected if any of the following apply: the FMLA (Family Medical Leave Act); the ADA (Americans with Disabilities Act); workers' compensation laws; state paid sick leave laws; or if you had available PTO that you used to cover your time off. Otherwise, absent protection under the terms of a union/collective bargaining agreement or employment contract, your employer was free to set the conditions of employment much as it saw fit.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, you do not have a recourse, based on what you have written: you were not fired for health issues, you were fired for absenteeism. The law does not let an employee miss work, even for health reasons, unless he/she uses paid time off (e.g. sick days) he/she earned, or was eligible for and used FMLA leave. Otherwise, it is an unauthorized absence and the employee may be terminated. The doctor's note does not have any authority or power over the employer.
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.