Wrongfully Terminated for Taking Sick Leave
As we get back to work post-pandemic, some employees might still have lingering concerns about how their employer will react if they call in sick one too many times. Workplace culture has long pressured people to show up, even when they are not well, for fear of losing their jobs if they miss too much. However, with the coronavirus pandemic and the increased risk of others becoming sick due to contact, erring on the side of caution by calling in sick has become more common. As a result, some employees might worry that their employers might retaliate or fire them if they call in too frequently.
Fortunately, most states and cities have laws that guarantee certain workers paid sick leave. In addition, most employers have policies that require them to not fire their employees for missing work, and most companies will have guidelines to prevent abuse of sick time. If you have been fired from your job for using sick days that you earned through company policy or law, or if you were taken on approved family or medical leave, you could file a claim for wrongful termination.
As a general rule, it is illegal to terminate an employee for any reason other than the legally protected reasons. Some of these reasons include discrimination based on their race, age, sex, or disability, as well as certain activities protected by state and city laws, such as using sick days.
Can I Be Wrongfully Terminated for Taking Sick Leave?
In some cases, an employer might fire an employee for a legitimate reason, such as poor performance or a business slowdown. However, in most situations, the reason for firing a worker who used their sick days or took an absence due to a health condition is bogus. These types of bogus reasons typically trigger wrongful termination claims.
There are some exceptions to the rules regarding firing an employee for using sick days or a valid excuse for absence, such as when an employer is required by law to provide their employees with paid sick leave or vacation time. For example, in New York City, employers must give their employees the option of up to 40 hours of sick time per year. However, only if an employer is covered by the Family and Medical Leave Act (FMLA), can they fire employees who take this leave.
It is important to consult with a Orange County employment lawyer if you have been fired for using your earned sick days or taking an absence due to a health condition. You may be entitled to compensation for past lost wages, future loss of earnings, attorney’s fees, emotional distress, and any other applicable damages. For more information on wrongful termination and how to protect your rights, contact an experienced Los Angeles wrongful termination attorney at Nosratilaw, A Professional Law Corporation. Call us today for a free consultation. We serve clients throughout the greater Los Angeles area. We speak English, Spanish, and Russian.
