Was it legal if my employer fired me recently due to attendance issues even though the only reason I had the attendance points was because my short term disability was denied?

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Was it legal if my employer fired me recently due to attendance issues even though the only reason I had the attendance points was because my short term disability was denied?

I would like to add that I did originally go to my own doctor about my first injury and he would not see me since I had filed a claim with workers comp. That and my claims adjuster saying I can’t

see my own doctor is the reason I did not go to my doctor when I was hurt again. My original injury was my shoulder/rotator cuff and when I went to the clinic the first time I mentioned my back hurting as well but nothing was ever done about it. After I hurt my back again on light duty, my

restrictions were ignored by my managers, I repeatedly told my adjuster and workers comp doctors

my back hurt. One of the workers comp doctors even sent a request to be allowed to examine my back because of the pain was interfering with my physical therapy for my shoulder. He was even denied and I was never looked at until January 25th of 2019 after months of nagging. Since

returning to work my neck was hurt and I’ve had migraines and sharp pains in my neck shooting down to my hand. My right side is mainly affected and my hand and face would go numb and tingle. I told my managers this several times but was told to get back to work. I was told by the safety manager to go to the ER if it happens again so that is what I did.

Asked on May 16, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, you can be fired for this reason unless one of the following is true--
1) You had and used paid time off (PTO), like sick days, to cover any absences from work.
2) Your company is covered by the Family and Medical Leave Act (or similar state law), which, for the FMLA means that it has at least 50 employees within a 75-mile radius, and you are eligible under the FMLA (or similar state law), which for FMLA means that you have worked there at least one year and worked at least 1,250 hours in the last 12 months, and requested and used "intermittant" FMLA unpaid leave for any therapy, doctor's visits, etc.
If you were terminated despite use of PTO, speak to an employment law attorney; if you were terminated despite using FMLA or a similar state law, contact the state department of labor. But without using PTO or FMLA, there is no right to miss work due to an injury or its treatment and you could be terminated.


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