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  • Too sick to go to work. Nevada

    Can an employer fire me if I have the flu and I'm throwing up and I'm too sick too come to work? They refused to accept a doctors note from me. They said I have to come to work or be fired. They said they don't care about a doctors note. Is that legal? And who do I complain to about it? Is there a commissioner of some sort? The EEOC said they don't handle it. They only handle discrimination.

    They fired me.

  • #2
    The EEOC is right; they do not handle this. IF you have a claim at all, and it is by no means certain that you do, it would be handled by the US DOL.

    There is no law prohibiting an employer from firing an employee who does not report to work when scheduled, even if the reason she did not report is illness.

    That being said, in SOME circumstances SOME illnesses do provide you with protection. To know if your situation is one of them or not, you will need to answer ALL of the following questions:

    1.) How many employees does your employer have within 75 miles of your location?

    2.) How long have you worked for this employer?

    3.) In the last 12 months, did you work a minimum of 1,250 hours?

    4.) Did you see the doctor for this illness? If yes, how many times?

    5.) How long did the illness last?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      CBG is questioning FMLA eligibility which would guarantee job protection in some cases, but not most.

      The employer is within its rights to fire you, even with a doctor's note unless FMLA applies.

      I wouldn't fire a good employee for being sick once, even without a note from the doctor. No employer in their right mind would do that.

      The employer may be stupid, but the discharge would still be legal (if not in violation of FMLA).
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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      • #4
        I did not qualify for FMLA, I only had 1000 hours and less than a year of working there. Yes there are over 1000 employees there. It's a large non-union casino.

        ScottB, so I guess that employer wasn't in his right mind if he fired me? Becaus he did, he fired me.

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        • #5
          We cannot look into the mind of your employer.

          For instance, we don't know how many days of work you have missed or any of the other nuances of your working relationship.
          Not everything that makes you mad, sad or uncomfortable is legally actionable.

          I am not now nor ever was an attorney.

          Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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          • #6
            Only one 3 days off for being sick this one time. No missed days prior. No missed days before this issue. In less than a year. No call in sicks, or late. Perfect employee.
            Last edited by lauralaura; 06-29-2008, 10:16 AM.

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            • #7
              You missed three days not including this issue? In less than one year!?
              http://www.parentnook.com/forum/

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              • #8
                Originally posted by panther10758 View Post
                You missed three days not including this issue? In less than one year!?
                Four days is less than a year out sick isn't great, but I don't think it's terrible either.

                Having said that, though, since FMLA is not invoked, nothing illegal has occurred.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  Exactly where I was going with that. How long have you worked there?
                  http://www.parentnook.com/forum/

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                  • #10
                    Originally posted by panther10758 View Post
                    Exactly where I was going with that. How long have you worked there?
                    Look at her post of 11:19 a.m. today.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                    • #11
                      See that but how long has she worked there 11 months or 11 weeks makes big difference
                      http://www.parentnook.com/forum/

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                      • #12
                        Originally posted by panther10758 View Post
                        See that but how long has she worked there 11 months or 11 weeks makes big difference
                        OK, I'll buy that whether it is 11 months or 11 weeks, it may make a difference as to the fairness of the termination. It does not make a difference as to the legality of the termination as, either way, FMLA does not apply.
                        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                        • #13
                          I am just wondering. In this situation, if he happened to work as a food server or cook would that have any bering on this. I mean if you go to work with the flu and your serving or preparing food wouldn’t it be against some health code to make someone in that condition work?

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                          • #14
                            Originally posted by bobob View Post
                            wouldn’t it be against some health code to make someone in that condition work?
                            Possibly.

                            The employer can still fire the employee for being absent, sick or not, doctor's note or not.
                            Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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