Can I get fired from my job if I have a doctor’s excuse???
I injured myself and had to go to the ER. They told me to be off work 1-2 days(I have an ankle injury and needed to rest) I went in to work and personally told my office manager that I needed to take the day off and possibly tomorrow. I handed her the note written by the ER doctor. She proceeded to tell me that I REALLY needed to be there, because I haven’t worked there for more than 90 days and I could lose my job. My question is, can she fire me for missing work with a doctor’s note??? By the way I live in Indiana and any websites that show me this answer would be helpful.
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You can check out the Department of Law website. They have information on employment acts and labour rights.
http://www.dol.gov/
Regards,
Edmund
http://www.purchaseresume.com
Yes. They can fire you. Go to unemployment office.
A doctor’s note simply justifies why you were out, but does not excuse it. Any time taken that was not requested in advance is considered unexcused.
I would call the local state employment office and get their feedback. My guess however, would be that you can’t be fired for an injury caused by an accident at work.
If they do fire you, then speak with an Attorney….who’ll drool over such an opportunity to make some easy money.
There are several factors here that will tell you what the rules are.
First of all, if the injury is not work related, then you have to follow the handbook’s attendance policies. If the injury occurred on the job, then it is a case of worker’s compensation and the employer is obligated to give you alternative work if it is available.
Because you are a new employee, you are also a probationary employee. That means that your continued job will be based on factors like attendance. And the HR department is obligated to follow the established attendance policies.
If your boss is telling you that you need to be there, she may be looking out for you. Can you ask her if there is a way for you to do to the work with reasonable accommodations? For instance, can she give you work that would allow you to sit down and not use that ankle?
Until you have been there for 12 months and worked 1,260 hours in the past year for this employer, unfortunately, you cannot get FMLA protection for the injury.
I’m sorry, but as an HR person, it would all go down to the employee attendance policy in the company.
By the way, the person above me stated to contact an attorney who will drool over making easy money. I’m sorry, but if the company has established attendance procedures and you are a probationary employee, you really won’t have an easy case and most likely will pay out attorney’s fees (in other words, the attorney will be making the easy money).
Pl take her help and be there.
Good bye
Remember: a doctor’s excuse is only an excuse.
And if your company has a sign in their front office that says NO EXCUSES and it is plainly visible, you cannot say they didn’t tell you so.
They will likely show up in court with that very sign, and the judge will throw it out, saying with a smirk “You won’t have an ankle to stand on.”
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