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Too sick to go to work. Nevada

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  • lauralaura
    started a topic Too sick to go to work. Nevada

    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.

  • ScottB
    replied
    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.

    Leave a comment:


  • bobob
    replied
    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?

    Leave a comment:


  • Pattymd
    replied
    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.

    Leave a comment:


  • panther10758
    replied
    See that but how long has she worked there 11 months or 11 weeks makes big difference

    Leave a comment:


  • Pattymd
    replied
    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.

    Leave a comment:


  • panther10758
    replied
    Exactly where I was going with that. How long have you worked there?

    Leave a comment:


  • Pattymd
    replied
    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.

    Leave a comment:


  • panther10758
    replied
    You missed three days not including this issue? In less than one year!?

    Leave a comment:


  • lauralaura
    replied
    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.

    Leave a comment:


  • cyjeff
    replied
    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.

    Leave a comment:


  • lauralaura
    replied
    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.

    Leave a comment:


  • ScottB
    replied
    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).

    Leave a comment:


  • cbg
    replied
    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?

    Leave a comment:

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