Can I get fired for missing work and/or being late because of a documented medical issue?
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Can I get fired for missing work and/or being late because of a documented medical issue?
I work for a large retail company (50+ employers). After a month of severe pain and many doctors visits, I was diagnosed with a blood clot in my knee. I missed some work and have been late due to blood tests. All these were medically necessary and I have a doctor’s note to back that up. I am in a dept. that is often left open with no coverage. I have told them if I am late, I can stay late. Even though I didn’t have to, I disclosed that I had a blood clot and that I was absolutely required to get bloodwork done a few times a week. Eventually, I can come in less.Can they still fire me?
Asked on June 1, 2009 under Employment Labor Law
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
It depends. How long were you employed by this company? If less than a year and your state follows at-will employment, you are out of luck I am afraid. Most states are "at-will employment" states, which means your employer can fire you with or without cause.
In terms of the Family Medical Leave Act, it only applies when your employer is large enough (it appears it is) but also you must have been there for at minimum 1 year.
Try to file an unemployment law claim through your state's Dept of Labor/Unemployment.
If you think you have a case, try consulting with an employment law attorney at www.attorneypages.com.
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