Potsdam, NY asked in Education Law and Employment Law for New York

Q: Can a school district discriminate against a substitue calling in sick? The sub has a doctors note.

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1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
Answered
  • New York, NY
  • Licensed in New York

A: Discriminate? We can not answer your question without specific, detailed facts and history.

Discrimination is prohibited but if there is a legitimate non-discriminatory reason for treating an employee badly that is not necessarily illegal.

For example, an employee brings in a doctors note but for several weeks before the note was delivered the employee had issues performing their job duties, reported late, had excessive absences or unexcused call-outs, was on vacation, or the illness or sickness seems to happen on Fridays or Mondays, etc...

We are assuming that the employee's performance evaluations reflect that the employee consistently performs well right?

Call an employment lawyer for a detailed conference on the specific facts of your situation before you are disciplined and never quit, or almost never quit. Good luck.

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