Q: Can I get fired from a job for being hospitalized for 3 days due to asthma?
I had an asthma attack over the weekend and ended up being hospitalized due to how severe the attack was. I was not able to return to work on Monday and I had a note from the hospital that stated I could return on Thursday. I returned to work on Thursday with a note and with my nebulizer machine with me. I was told to go home by HR. Today I got fired for poor attendance and I dont know if this is fair or legal. The attendance policy was also not upheld as it was written in the employee handbook, where it states that you may have up to 4 "occurrences". Consecutive absences count as ONE occurrence. After 4 occurrences you are to get a verbal warning. 5-8 are warnings and termination. How is this fair if the HR person didn't even go by the handbook and dismissed me for a disability I cant help having?
A: Could be violative of the Family Medical Leave Act and/or the Americans with Disabilities Act. You should consult with a local employment discrimination attorney.l
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
