fired-for-being-sick

Can I Be Fired For Being Sick?

The reality is people get sick and oftentimes, it happens more than they’d like. Usually, your place of employment will offer sick days that you can take if you suddenly wake up feeling ill. According to a survey completed by statista.com, approximately 80 percent of adult respondents who either worked or studied, one-third did not take any sick leave in the last year. However, it was discovered that those who were absent from school or work due to illness missed 2-3 days of work and opted for sick leave. This data illustrates the number of sick days taken in the past 12 months from work or university among adults in the United States (U.S.) from 2020-2021.

There are some illnesses that affect employees more than others. Some of those factors include the time of year (e.g. season) if it’s a viral infection that has spread amongst coworkers and management, whether this was an already established illness that comes and goes, if it’s incurable, or the employee has a relatively low immune system. The fact of the matter is that at least one employee will not show up to work due to sickness and as an employer, you must determine if this issue occurs solemnly or frequently and how to best deal with it.

When it comes to federal law, there is no statute in place that offers job protection to employees who get sick or a law that provides financial security such as sick leave. In order to dictate if one can be fired for being sick, it depends on several elements. First, you must examine what laws are in place that can preserve you from wrongful termination, ascertain if you are an at-will employee, and define what type of sickness you suffer from. There are disability laws in effect that can also protect you from being fired if you find yourself sick and absent from work for days or weeks at a time.

being-sick-employment-law

The reality is people get sick and oftentimes, it happens more than they’d like. Usually, your place of employment will offer sick days that you can take if you suddenly wake up feeling ill. According to a survey completed by statista.com, approximately 80 percent of adult respondents who either worked or studied, one-third did not take any sick leave in the last year. However, it was discovered that those who were absent from school or work due to illness missed 2-3 days of work and opted for sick leave. This data illustrates the number of sick days taken in the past 12 months from work or university among adults in the United States (U.S.) from 2020-2021.

There are some illnesses that affect employees more than others. Some of those factors include the time of year (e.g. season) if it’s a viral infection that has spread amongst coworkers and management, whether this was an already established illness that comes and goes if it’s incurable, or if the employee has a relatively low immune system. The fact of the matter is that at least one employee will not show up to work due to sickness and as an employer, you must determine if this issue occurs solemnly or frequently and how to best deal with it.

Civil Rights Laws and Wrongful Termination

The U.S. Equal Employment Opportunity Commission has included a ton of information concerning Title VII of the Civil Rights Act. This act forbids discrimination on the basis of sex, national origin, sexual orientation, race, color, gender identity, ethnicity, religion, age, disability, marital status, genetic makeup, and pregnancy. According to the provisions of this civil rights act, discrimination based on these factors when it comes to hiring, promoting, and terminating is also banned.

If you find that you have been terminated due to sickness and it’s based on the above attributes, this could easily become a wrongful termination case. Wrongful termination is when an employee claims that being fired from their place of employment has breached an employee contract, clause, other stipulation, or public law. When an employee’s contract requires termination for specific causes and they’ve been discharged anyhow, the employee can sue. The same applies if the employee was terminated based on discriminatory factors while simultaneously being sick. Employees who have been exonerated wrongfully should immediately contact a diligent employment law attorney who can guide them every step of the way. In other words, if an employee is sick and is also discriminated against, then it is illegal to be fired for being sick when the two are combined.

At-Will Employees

At-will is when an employer can terminate an employee at any time for any reason, except when it violates the law, without any legal penalties. In like manner, an employee is free to resign at any time for any reason with no legal repercussions. If you are an employee who is sick and your employer decides to terminate you during this time period, it is completely legal – assuming there is no legal withstanding that says otherwise.

Disability Laws

 

The Fair Employment and Housing Act (FEHA), the Unruh Civil Rights Act, and the Disabled Persons Act are California state laws that protect people from discrimination based on disability. The laws also require employers to make reasonable accommodations so that people with disabilities can perform their job duties. Disabilities in the state of California are defined as conditions that limit a major life activity. This includes physical and mental disabilities and medical conditions such as HIV/AIDS. There are specific guidelines and protections for persons with disabilities under federal law. If your sickness and reason for missing work is clearly defined under disability law, then it is against the law to be fired because of it.

Sometimes when we are sick, we must rely on additional laws for sick leave and job security. Unfortunately, this is a complex situation that affects many Americans and it has various legal factors that cannot simply warrant a yes or no answer. With any case of termination that can potentially be classified as wrongful or discriminatory, you have the option to consult with an attorney who can present your best options.