Wrongful termination or discrimination (fired while sick)

This is a discussion on Wrongful termination or discrimination (fired while sick) within the Hiring, Firing, Wrongful Termination forum, part of the LABOR & EMPLOYMENT LAW category; I was fired while sick with strep throat and had a doctor's note saying do not return to work. I ...

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Old Mar 6th, 2010, 05:03 PM   #1
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Confused Wrongful termination or discrimination (fired while sick)

I was fired while sick with strep throat and had a doctor's note saying do not return to work. I just started the job and am in 90 day probationary period and am in an "at will" state. I got sick from being at work with kids under 7. I went to work asked to leave because i could barely stand and was very dizzy. Under the disability law it is defined as the state of having a physical or mental impairment which substantially limits one or more major life activities. Now this is normally for longterm illnesses but this does qualify under that definition and with a doctor's note at that. I realize I am under a 90 day probationary period and am in an "at will" state but this should qualify as discrimation under that law. My former manager said that it was because I was unreliable for calling in(i.e. being sick.) I also thought it might be covered under a medical leave of absence per the doctor. This is a franchise so the franchise coporation is over 50 employees but the franchise owner only has 12 at most employees. This should qualify as discrimination even if they are not a big corporation.
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Old Mar 6th, 2010, 06:06 PM   #2
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Default re: Wrongful termination or discrimination (fired while sick)

You have not been illegally discriminated against (nor are you even close to a definition of disabled). Illegal discrimination is being fired for skin color, religion, etc.

An employer (regardless of size) can fire you for being too fat, too skinny, for smiling too much, etc.....anything that's not illegal.
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If your boss treats you like dirt, quit. You can't sue him for your low self-esteem.

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Old Apr 16th, 2010, 10:24 PM   #3
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Default Re: Wrongful termination or discrimination (fired while sick)

umm wow, good luck if you ever try. I know if you try to sue it will just be a big epic fail.

Do yoiu even know what "At-will" even means?

The "at-will doctrine" is a rule of contract law (which is state law). The rule is that an employee can quit at any time and an employer can fire an employee at any time and for any reason. Because this is a contract rule, the employer and employee are free to change it by agreement. But if their agreement is silent on the question, then the employee can be discharged without warning, without a hearing, and without a reason.
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Old Apr 19th, 2010, 04:14 PM   #4
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