{Know Your Rights} Can I Sue My Employer If I’m Fired For Being Sick?
You may be wondering, can an employer fire me for having a medical condition? Your answer is generally NO. Can you really SUE your employer for this? Read more below:
If you have been diagnosed with any type of illness or disability that prevents work on temporary basis (more than 5 employees), all employers must try to accommodate such as by giving time off from their job duties.
There are a lot of reasons why employees get fired. The decision to terminate an employee may be influenced by the company they work for, their performance in the workplace, and even what is going on in their personal life.
But what about when an employer fires someone because they were sick? If you have been terminated from your job due to being sick, then there might be grounds for a wrongful termination lawsuit against your former employer.
Learn more about this topic in this post:
Can You Fire an Employee for Being Sick?
No! According to the Medical Leave Act (FMLA) an employer can not fire an employee legally only for just being sick. If you are an employer, then you should also know the laws behind it to protect yourself from being sued by an employee. Though many states have laws that it is illegal to fire an employer for sick, but some states have no rules on this matter.
This blog post will discuss what an employee can do if they are fired from their job for being sick. This may not be legal in some states, but it is important to know the options that are available to you.
Does your employer offer sick leave? If the answer is no, then you may be able to sue them if they fire you for being sick.
In 2015, a federal district court in Philadelphia ruled that an employee’s claim of constructive discharge was valid because his employer refused to consider granting him sick leave.
You might also want to speak with a lawyer before proceeding with any steps.
Can you sue your boss for firing you for being sick?
In most states, yes. In general, it’s illegal for an employer to fire you because you’re sick or because of a medical condition that he or she thinks is caused by your work. That’s because of the Americans with Disabilities Act (ADA), which prohibits employers from discriminating against employees based on their disabilities.
Excessive absenteeism due to illness
It depends. If your illness or disability does not prevent you from working on the temporary basis, then they cannot legally force-fire for this reason alone; however there are certain circumstances where it may be considered just cause: if 1) The employee is absent due to laziness 2) Shows no interest in returning once dismissed 3 ) Harassed at work 4); Threatens employees with violence and so on.
Can an employer fire you because of a medical condition?
Well, Employers cannot discriminate against employees who take leave under this law. If a worker has been out on medical Leave Act (FMLA) and their employer fires them due to serious health condition which had been reported as such at time of hire. So the answer is NO, you can not get fired if you have a doctor’s note with you.
What happens if I get fired for calling out sick?
You could get fired for calling in sick or taking time off from work, but there are legal protections that your employer must follow.
Unless you qualify under the Federal Leave Act and Americans with Disabilities Act (FMLA) respectively), they can fire any at-will employee who calls out on short notice without just cause.
So, how do they determine if you’re sick or disabled?
Here are some things that could be considered evidence that your termination is illegal:
- A doctor’s note that says you need time off to recuperate for a specific medical condition (like pneumonia).
2. Your employer knew about your condition when hiring or promoting you.
3. Your employer has made comments like, “it’s too bad you’re sick” or “well, you don’t look so good.”
4. The ADA makes exceptions for certain employers, but you can be fired if you’re unable to perform your job.
Can I sue my employer for firing me with a doctor’s note?
According to the California Fair Employment and Housing Act (FEHA) makes it illegal for your employer to discriminate against you due to a medical condition or perceived medical condition.
Can an employer fire me because of a genetic test?
No. Employers are not allowed to discriminate against employees based on their genetic information, either. The Genetic Information Nondiscrimination Act (GINA) prohibits this type of discrimination.
Employers would be violating GINA if they:
Ask employees to take genetic tests or answer questions about their family medical history.
Refuse to hire applicants who have a genetic marker for a certain disease.
Fire employees because of their family’s health history (for example, an employee’s mother has breast cancer and the employer fires the employee, assuming she’ll eventually get breast cancer, too).
Deny promotions or benefits to employees who have the gene for a certain disease.
Refuse to allow employees to take leave because they’re related to someone with a genetic disorder.
Force employees to retire because they’re related to someone with a genetic disorder.
Can I be fired for having a seizure at work?
The answer is no if the seizures do not directly affect your job performance and safety
Is it illegal to fire someone for being sick?
For these employers, it is illegal to fire or discipline an employee who takes protected leave. So if the FMLA gave rise too serious health condition as defined by law and resulted in termination because of this fact – then there could potentially be grounds on which someone would have successful unlawful employer discrimination suit against them!
Can I be fired for missing work due to illness?
It’s illegal to fire or discipline an employee for taking protected leave, and if you were out sick as a result of your health condition under the FMLA – which covers serious illnesses such as cancer treatment- then there could be grounds in law that would lead them to compensate for wrongful termination.