Is this wrongful termination?

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Is this wrongful termination?

Last year I couldn’t go to work because I had a migraine. I was scheduled to

work 16 hours at a residential facility. My employer terminated me over the phone in a text message. I had 116 PTO hours that she kept after termination. The policy has always been that after 3 days you have to provide a doctor’s excuse. I didn’t get the chance to go to the doctor. Is she allowed to do that without her violating company policy?

Asked on July 29, 2018 under Employment Labor Law, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In TN, an employer is not mandated to pay out earned but unused PTO to a departing worker unless there is an explicit written company policy that provides for such a payout. Further, as regagrds a doctor's note, a business can change such a policy at its discretion. Accordingly, you have no claim here. That is unless your teatment violated the terms of an union agreement/employment contract or in some way constitutes a form of legally actionable discrimination.


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