Q: I was fired from work for calling out 3 times due in part to episodic chronic illness
On friday Jan 26, I called out of work experiencing a an episode where I almost passed out due to high blood pressure. I went to urgent care and provided a note, as requested, to my manager. On January 31st, I had to call out again because of another episode. I went to the ER as instructed by urgent care, and brought another note. The same thing happened on February 1, but I was able to get a doctor's appointment for the next day (when I was off) and was finally given medication for high blood pressure.
On February 8, I started having symptoms of what was later confirmed to be viral gastroenteritis. Working at a restaurant, the policy is that if you're displaying viral symptoms, you cannot work until 24 hours after they stop. Furthermore, the doctor recommended that I stay home until Monday February 12. After I delivered my doctors note, I received a call saying I was being let go because I called out too much, and when further questioned, was told it didn't matter that I had notes
A:
You may have a claim under the FMLA or possibly the Americans With Disabilities Act. I cannot tell for sure based on these facts alone. You should consult with an experienced employment attorney as soon as possible.
Keep in mind that attorneys, including attorneys on this site, are not allowed to solicit your business so you need to reach out to the attorney.
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