Workplace can i lose my job because of an illness?

cobalt71

cobalt71

Member
Dec 28, 2010
884
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#1
I’ve been at this job for 7 months and I’m absent at least 1-2 days per months due to illness. I get migraines(I also have problems with bad vertigo but I tried to make sure that I don’t call in sick for that, migraines are actually worse). I’m concerned that I may lose my job because of it. My boss haven’t said anything but it still worries me. Can I be”(legally) fired over an illness? There are no issues with my work performance or anything like that.
My past employeer had some issues with that and i think that's why i was the first in line to get laid off(i wasn't actually fired)
 
#2
Depends on if you're in a "right to work" state. If so, you can pretty much be let go for anything. No reason needs to be given. As long as you can't prove it violates the disabilities act, not much you can do.
 
#3
Check the employment laws in your state. In the states I have lived and worked in, a person can be terminated at the employer's will - with or without cause. If your boss says "you're sick all the time so we're letting you go," that's probably illegal. But my guess is that most employers know better than to say that... In fact, employers who are terminating someone for blatant cause often don't cite a reason just to cover their own backsides - you can't blame them in our litigation-happy society.

Have you thought about finding a job you can do from home? Or applying for disability if your illness is really that serious? Think about it from your employer's point of view - would you want to have and pay for an employee who isn't actually at work? Even if your sick time is not paid, it's still costing your employer to have you there - taxes, benefits, loss of productivity, etc. If there are other employees in the company, having an employee who is out sick often is bad for company morale, and hurts employee productivity in that respect, as well.
 
#4
Can you get FMLA through your work? I am on the other side - I am a family doc and have many patients who have FMLA. Through FMLA you can have documentation from your doctor that you have a condition that will have such and such number of flare-ups a year for such and such number of days per flare. You are then covered for your absences.

Through some google searching, FMLA info:
http://www.dol.gov/whd/fmla/
 
#5
stacmck said:
Can you get FMLA through your work? I am on the other side - I am a family doc and have many patients who have FMLA. Through FMLA you can have documentation from your doctor that you have a condition that will have such and such number of flare-ups a year for such and such number of days per flare. You are then covered for your absences.

Through some google searching, FMLA info:

http://www.dol.gov/whd/fmla/
Click to expand...
thanks for the link-unfortunately, i don't think i would qualify for this-it said you are supposed to work for business with at least 50 employees and i don't think we have that many
 
#6
There are a couple of issues here. It would be easy for you to find out about the laws in your state, but my question to you is how is your illness effecting your employer and the other employees? Are your absenses a burden on the company or on your fellow employees? The law in your state may protect you, but I can't imagine it would be a great work environment if everyone is resentful of you for missing work so much.

Is there a way you could possibly work from home or look for a job where that is available? Or speak to your employer about flexible hours?
 
#7
OP- I know how you feel. I suffer from migraines too and have to call in sick alot. Fortunately I work from home so I can still work sometimes with my migraines.

What is your work's policy on sick leave? Mine is unlimited so I don't get penalized or have to use my vacation. I imagine you have been to the doctor and are on medicine or something?

As long as your performance is good I don't see why they would let you go. Does your boss know you suffer from migraines? My boss does and knows how debilitating they can be. I just try to educate him so he doesn't think, oh "sick" again.
 
#8
beachy10 said:
OP- I know how you feel. I suffer from migraines too and have to call in sick alot. Fortunately I work from home so I can still work sometimes with my migraines.

What is your work's policy on sick leave? Mine is unlimited so I don't get penalized or have to use my vacation. I imagine you have been to the doctor and are on medicine or something?

As long as your performance is good I don't see why they would let you go. Does your boss know you suffer from migraines? My boss does and knows how debilitating they can be. I just try to educate him so he doesn't think, oh "sick" again.
Click to expand...
My boss told me he is happy with my work, unfortunately, i only get 7 sick days a year and i really try not to call in sick unless its really bad. I did tell my boss that i get migraines but i don't think it down on him just how bad it can be(and i get vertigo issues as well, my doc thinks i have Meniere's). So yes i have been at the doctor's, and they tried different meds with no good results. If i could stay at home, i would stay there at least half the time, instead i drag myself off to work
 
#9
i think sometimes it depends on the type of job you have. i know retail jobs aren't real happy when co-workers call in sick a lot, since then they have to find someone to cover them. now at my job...i'm the only one that does my job.. so if i'm sick well then i just have to catch up when i get back - so i think in that instance an employer wouldn't worry about it too much - especially if you have the sick time to use, that's what it's there for.

you might start running into an issue when you run out of sick time though. but it really just depends on how lenient your boss is.

at a company where my friend works they get 30 sick days a year and this lady was hired and used up her 30 sicks days in the course of a few months, but that was a few years ago and as far as i know that person si still working there and taking all sorts of crazy time off. but i also think i heard she has an 'in' with the boss so that might be why.

i think if you're really worried about it you need to talk to your boss and hopefully they'll be honest with you.
 
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