My employer knew I was sick but due to a coworkers maternity leave was pushing me to work. Can they suspend & fire me for it.

Asked about 1 year ago - Baldwin Park, CA

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My normal schedule is 4 days a week thursday - sunday night. Friday I asked to go home early, saturday I called in sick and early sunday I was getting calls & texts asking if i was going in that night.I did but still didnt feel well & had to go home early. I woke later on thatt day to find missed calls, text messages & voice mails to see if I could work today. I tolld them I was still feeling weak. The next day I get a message asking if it was ok with me to work 5 days a week with wed & sat off. I said I peffered having my days off together to which im told best she can do 5 days a week with fri & sat off starting tonight take it or leave it. I had never had a weekend off & they knew I wanted it so it didnt feel like much of a choice. So i dragged my butt to work & everyone commented on how sick I looked. They usually only have 2 people working at night 1 caregiver & 1 med-tech. So when they had another person training & they told me to go rest & they would do bedchecks but now im told is why I was fired.

Attorney answers (3)

  1. Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered March 11, 2012 18:45. Sleeping on duty is usually a good reason to fire you. If you are sick, you should go home. When you agree to work, you agree to work.

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  2. Contributor Level 20

    1

    Lawyer agrees

    Answered March 12, 2012 00:44. I'm sorry this happened to you. Yes, it sure sounds unfair. But no law requires an employer to be fair, or to make smart decisions. Please see my guide to at-will employment in California which should help you understand your rights now and in the future: http://www.avvo.com/legal-guides/ugc/a-short-su....

    *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your... more
  3. Contributor Level 20

    Answered March 11, 2012 19:02. Yes, the employer can suspend and/or fire you. As much as it seems unfair, this does not appear to constitute wrongful termination.

    Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in... more

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