Can you be fired for calling out sick and work thinking you are not sick but having no concrete proof of this?
Asked by omarisicedjacob
I called out sick on friday and my supervisor said it was fine. That night another supervisor called me and told me that I needed to come to work or I was being insubordinate as she was sure I was going to the party thrown by another coworker because I had sent out an invite to other coworkers (which I did but that was for my other coworker because she would not see them before the party and wanted them to be invited). I then stated I was not coming in I was sick and would have a doctor's note the next day. I came in the next day with the doctor's note. Last night I come into work and the other supervisor tells me that I'm fired for insubordination because more than one person said they saw me at the party including a supervisor but they have no concrete evidence of this just the say so of the supervisor. I am sure that the reason I was fired was not because I called out because I do not make it a habit to call out but because I called HR on the supervisor.

Best Answer:
It doesn't sound like you were at the party--you had a doctor's note! Where are people getting this idea? Firing someone for being out sick is pretty darn illegal these days. Yes, most states are "at will", meaning they can fire you for any reason at any time. But when I would explain that in new hire orientation, I would add "within reason." There are laws to protect employees from being fired when ill. It's a form of discrimination. You have your note. You went to HR. It sounds like you are on the right track. But I agree--I would only pursue legal action to clear your name. This does NOT sound like a place you want to keep working for.
I'm an HR Professional
Answered by missd1975

did you go to the party?? if not and you have proof you did not you have a very nice lawsuit on your hands.
Answered by Eric D

There has to be some degree of real evidence prior to job termination
Answered by dukalink6000

Most employment is at-will, meaning they can fire you for almost any reason, or no reason. Find a better job. You don't need those jerks anyway.
Answered by cvq3842

Yes, you can be fired, as most companies hire their employees at an "at will" basis, which means you are at the will of the company. You can fight for wrongful discharge, but you're still going to have a hard time winning because they probably have other things that they can use as an argument for letting you go.
Answered by cosaxteacher

sue the company if HR doe not take care of you. if you have the note from the doctor and it proves that you were unable to go to work then you should have no problem at all.
Answered by bigdagoboy

No, most likely not. Although, it doesnt matter. If they want you fired they can fire you. The excuse they give you doesn't have to be the reason. It just sux man.
Answered by x0sparklesx06

If you suspect foul play, notify your state's labor board. I'd say that sounds like the start of a wrongful termination suit.
Answered by Rigo Barragan

Check the state of which you work in. If its employment at will- then they can lay you off. I would ask them what the reason is.. couldn't hurt.. tell them you need it for unemployment purposes.
Answered by scott08816

they can fire you if they want. A company that shityy sucks anyway so screw them
Answered by billyandgaby

sure you have to get a warning first
Answered by lopinky

Sounds like wrongful termination to me, (as long as you really weren't at the party). You have the doctor's note, you were sick. I'm sure the company has a policy of telling its workers to go home if they're sick (especially of they need to see a doctor).
Answered by 006

I agree with Eric. If you did go to the party, then you're pretty much screwed, but if you didn't.......nice lawsuit. If you didn't go to the party, just tell your supervisor, that you'll be contacting a lawyer. Employers HATE lawsuits, and you'll see some action. Probably before you even have to call a lawyer.
Answered by batmantis1999

You know, if the allegations are true you just need to suck it up and look for another job. You're the one in the wrong. You were scheduled to work and you called in to attend a party - and not only that, you were stupid enough to send invites to other employees. The *cough cough* thing doesn't work anymore. The only question is what to say when asked why you left your last job because this will not endear you to future employers. You were irresponsible and now you have a consequence - live with it.
Answered by Lex

Lacking a formal employment contract, your tenure is strictly "at will". That means that your employer can terminate you at any time for any reason, or even for no reason at all. It also means that you can walk off the job without giving any prior notice. No proof of any wrongdoing is needed. That said, what does YOUR supervisor say in this matter? The other supervisor isn't in a position to fire you unless it's your supervisor's supervisor. If you went to HR with a valid complaint about illegal actions on the part of the supervisor, you might have a case and should talk to an employment attorney to assess your case. If the complaint was not about illegal activity then you probably have no case.
Answered by bostonianinmo

If you actually attended the party, yes, they probably have a reason there. But, if you came in with a doctor note, would think that that was proof you were seeking medical treatment. Actually, my son was fired for no reason at all and when I called the "discrimination department of the State" (can't remember which department it was) , I was told that you could be fired for no reason at all.... even because they didn't like the cologne you were wearing, and that it was totally the company's choice. Figure my son was fired because of his green eyes. So, I dunno. Best of luck to you.
Answered by JUSTME

They can terminate you for nearly any reason, just as you're free to quit for any reason. Was the party worth it?
Answered by Oh Boy!

call debbi carroll at 1-866-471-3782 or go to her website www.debbicarroll.com . tell her that Mark referred you
Answered by mrklcoac2002

see your supervisor. I also told him to check in the kitchen to let them know. because they can not read your mind, that your taken a Sick Day. Because he was just going to his room without checking with no one in the Kitchen. also his supervisor is in the Kitchen allready.
Answered by sargesillypants