Can I be fired for missing work after being injured in a car accident even with a dr’s note?
I was injured in a car accident on Thursday on my way to work in a major snow storm. My supervisor put me in for a personal day for the day because I thought I would be ok the next day. The next day my pain had increased so I called in and he had to put me in as Unpaid Sicktime which he said “I dont know how this will effect your employment record”. Then on Saturday the pain was worse so I called in sick again. On Monday I’m’ going to the Dr so I’ll have to call in Sick monday as well. I’m going to see if the Dr. can put me out on Short Term Disability until my back is better to save my job, but if he doesnt can I be fired for missing work due to a car accident that I had no control over? To answer some questions, I have FMLA for a back injury but it was exhausted 1/13/09 so I can’t use that. I dont get any sick days until 4/21/09, and our Vacation has to be scheduled in advanced even in cases of emergencies.
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Yes, you can be fired. You have already used up your FML, so I can understand an employer’s frustration for someone who has missed so much time. On the other hand, if they want to retain you, they will. An employer will only use something like this as an excuse for firing if they really don’t want the employee anyway.
Is that your situation?
Since you seem to already have a back injury claim (FMLA), I assume you have missed quite a bit of work in the past. This may be against you for the current claim. While true that you had no control over the accident, neither did your company. You spent 3 days off without going to a Doctor. This could be your downfall. To answer your question, yes, they could terminate you unless you have a great contract or are a union member.
Yes you can. My wife worked for 15 years for one company and became ill and had to go to the hospital. Her company fired her and there was not one thing we could do about it. This is the way it is in the United states. She did get rehired but had to start all over at minimum wage. She went from 20 dollars an hour to 7 per hour with no benefits.
Yes you can get fired. Furthermore, your inability to do the job is among the best reasons for firing someone. No law requires sick days at all, and if they employer decides not to make such a benefit available to employees, and someone gets sick, they can indeed be fired. In fact, in the absence of a contract people can get fired for no reason at all.
Yes. You appear to be a chronic absentee, and you’re obviously not valuable enough to your company for further allowances to be made for you.
FMLA resets every year. Because you exhausted that leave in 2009
has no bearing on your FMLA for 2011. Any leave you may have under
FMLA now would be based on your 2010 work hours. If you worked 1250
hours in 2010, you’d have 12 weeks job and benefits protection for
2011. Your employer MUST provide you with the info and forms to
request FMLA. You have no job protections based on a Dr
note…Doctors don’t control your employer policies. Without FMLA,
you have NO job protections at all. Because the accident was not
your fault…doesn’t matter. You can be subject to employer
policies, and termination at any time.