Do I have a case?

[Tracy39]

What is the name of your state (only U.S. law)? Illinois

I feel I was unfairly terminated and wondering if I can fight it. I went to work and punched in while I was sick to seek the advice of my Supervisor. I had a Dr. note stating I was contagious and needed to be off work for 5 days (I developed Shingles) My Dr was very insistent that since I worked for a big co. I needed to be away from any pregnant women or anyone that never had chicken pox or the vaccination. We had several people at my job that fit all three criteria. I told my supervisor that morning that I was told by my Dr I had shingles, my supervisor stated I was contagious and should go home. I was still within my 90 day training and told her I did not want this to be held against me in any way. I was very adamant about that. My supervisor said it should all be fine, you have a note, this is not something you did on purpose. I told her if this affects my job I would rather stay. She said no, you are contagious you should go. She proceeded to tell me to request PTO for the next 5 days then email her, punch out and go home. I did exactly as I was advised to do. Upon my return, that Monday, I was called to HR and told I was being let go for violating my 90 day contract with too many absences. They literally counted the day my Supervisor told me to go home as (leaving early) and also counted the days against me for he Dr note as 4 days off. I asked HR about the note, her reply.. A Dr note does not excuse an occurrence. Which is what I received for the days off I was TOLD to take. She fired me. I do not feel this was fair. I asked to stay if it was a problem, she told me to go home that everything would be fine. Not sure what to do here. They may try to fight the unemployment as well.

 

[Zigner]

You were on your probationary period. Fair? Not really. Legal? Yep.


Many years ago, my wife was at the in the last few days of her probationary period as a data-entry clerk at the local hospital. She developed a condition that required that she be admitted for emergency surgery to the same hospital that she worked at. They still let her go. Not fair at all...

 

[commentator]

Unfair but not illegal. What you need to do is file at once for unemployment benefits. Do not wait, do not hesitate. you will not be able to begin to draw them until you are released by your doctor to return to work, but being out of work with a medical excuse is considered an unavoidable circumstance.

The company can, if they so desire, fire the heck out of you, regardless of what anyone there told you, how fair it might have been, how much you got them to say they wouldn't do it, whatever. They do not have to give you FMLA because you have not worked there a year. So if they want to, they can terminate you, even with a doctor's excuse, even though you couldn't do anything about the situation, even if you were being a great employee who really really did not want to be fired. They don't have to, but they certainly can if they want to. It's not illegal.

But when you are ready to go to work again, you can begin to draw unemployment insurance until you find another job. That's as good or as a fair as it gets. Your claim will be based not so much on this employer as everywhere you have been working for the last eighteen months or so, but if you have the monetary eligibility to set up a claim, and your employer has fired you while you were on sick leave with a medical excuse, you'll probably be approved to draw benefits.

 

[cbg]

It may have been unfair.

It was not illegal.