Can I get fired for bring sick even if I has a doctor’s note?
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Can I get fired for bring sick even if I has a doctor’s note?
I was fired yesterday for being sick even though I had a note from the emergency room physician.
Asked on December 4, 2012 under Employment Labor Law, Florida
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Florida is an at-will employment state. So...if you did not have an employment contract with your employer, then you are considered an at-will employee. This means that your employer can terminate you for any reason or no reason-- as long as that reason is not for an illegal purpose like discrimination or comp retaliation. Being sick is not considered an illegal purpose-- unless the hospital visit was part of a qualified FMLA event. Based on the limited facts that you have provided, then yes, they could terminate you for attendance related to your illness.
If you think the hospital visit was just an excuse, and the real reason for your termination was some other illegal purpose, then you may be able to file an EEOC discrimination or some other retaliation suit. If you did have an employment contract or formal agreement, then you may be able to file suit for breach of contract.
Absent one of the exceptions noted above, you can still file for unemployment, which may be your remaining option.
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