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| *Ostroff, Fair and Company>>>Law & Legal |
I got fired, I think? Can I sue? |
I called in sick for work a few times because I had some personal issues to resolve. Suddenly, the next week I am no longer on the schedule. I called in to ask what happened, but none of the managers knew and the general manager wasn't around. It has been a month since that day and my general manager has yet to make ANY forms of contact with me. I'm not even sure if I'm fired, but I heard from another co-worker that she said she would say negative things about me if I ever used her as a reference. So my question is, am I fired? If I am, is it legal to fire someone without saying anything to the person? And can I sue? Let me see, you called in sick a few times for "personal issues to resolve"? Were you in fact, sick, and can you provide evidence of your illness with a physician's certification? Even if you were able to provide such certification, your absences were probably deemed excessive, and you may have been suspected of abusing your sick time, since failed to say above that you were actually sick when you called out. Your commitment to your company may also now be questioned. Now your employer has not put you on the work schedule. If you are in an at-will state, I would say your employer has fired you by not returning you to your regular schedule. Perhaps your employer is waiting for YOU to leave. You say your general manager has not contacted you. What have you done to contact him/her? If this job is that important to you, you should have been right in the general manager's office upon your return to explain your absences. I say write this one off for experience and remember the lesson that sick time is not entirely your own. Your employer has a mutual interest in the legitimate use your time. Source(s): HR and labor relations in the public sector. It depends on the laws of the state your employer's in. In many states employers are legally allowed to fire people without notice or for no reason. However if you have any evidence that you were fired because of discrimination, then you can sue for wrongful termination. Also if they give negative references about you that are not true you may be able to sue them. Are you fired? sure sounds/looks like it is it legal? most likely. you are almost certainly an "at will" employee which means youa re employed at will and can be let go at will Can you sue? Sure, you can sue for almost anything but you have zero chance to win This person i worked with, this happened to him also. But he found out he was actually just suspended for something for a month and a half. then they called him back and he quit. so maybe you should just go into work and talk to the general manager instead of calling. so that way you know for sure if he is there. The best thing to do is go in person and speak to the general manager. Is there a policy that says you can't call in sick for more than so many days? Were you on probation? if you are fired, there is nothing you can do about it. AT WILL employment means you can be fired at any time for any reason. |
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