Can an employer fire you even if you have a note from the doctor taking you off work?

Asked almost 4 years ago - Toledo, OH

The company I work for has a point policy and I had got to the point of termination and my dr. took me off of work. I gave my employer the drs. note and they let me work the next two days, the second night back after allowing me to work the whole day they terminated my employment cause I was over my points. I had asked over and over for fmla but they denied it because I had not worked 1250 hours in a years time, I'm only part time but work fulltime hrs. Finally they gave me the papers for the fmla then two days later terminate me.

Attorney answers (1)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . As an at-will employee, you can quit at any time for any reason, you can be fired for any reason, a rotten reason, or no reason, except unlawful discrimination. If you do not have an employment contract or union to represent you, your recourse is limited. Discrimination based on age, gender, race, religious beliefs etc.... may give rise to a different answer.

    You might find my Legal Guide helpful "Workplace Discrimination: A Basis for Wrongful Termination Claims"

    http://www.avvo.com/legal-guides/ugc/workplace-...

    You might find my Legal Guide helpful "How to Choose a Lawyer for you.”

    http://www.avvo.com/legal-guides/ugc/how-to-cho...

    You might find my Legal Guide helpful "What Do I Tell My Lawyer"?

    http://www.avvo.com/legal-guides/ugc/what-do-i-...

    No one can know what the record is in the case because online we cannot find out any details. Check with a lawyer in your locale to discuss more of the details.

    If you have a discrimination theory about retaliatory discharge or hostile workplace conditions you'll need a lawyer. Religious belief, age, gender, race etc. all are discriminatory reasons for which you cannot be legally fired and upon which you might base a wrongful termination suit.

    Good luck to you.

    God bless. Best of luck to you.

    If you found this answer helpful, let me know by clicking the Thumbs-Up tab at the bottom. You may mark this as a Best Answer for the time I spent crafting this and thinking about your matter.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. This observation is not like a communication with a lawyer with whom you have an attorney-client relationship along with all the privileges that relationship provides.

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