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Can I be fired from my job because I had a doctors note to be off of work for a short period of time.

Sugar Grove, IL |

I was working as a waitress and just recently got fired from my job because I got hurt at home. I had a doctors note stating that I had 2 weeks off of work to heal. I kept in touch with my boss the whole time. When I had gotten a work release to come back to work my boss finally tells me he no longer needed me and hired two other girls. This is after putting me off for a couple of days telling me to keep calling back that he didn't have the new schedule done. One of the girls which he hired he started training after he fired me. To also find out that he also interviewed another lady afterwords. Is this right?

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Attorney answers 1


An at will employee can be fired for any non-discrimination reason.

Your post mentions no gender, race or age based discrimination. So, the question is whether you have a medical basis.

FMLA rules only apply to an employer that employs 50 or more employees within 75 miles of the worksite. And, I am not sure your non-work injury would implicate FMLA anyway. Too little detail exists in your post to know for sure.