Have you been fired from your job when you needed it the most in your tough time? If yes then you are not alone. Every day, many employees face the heartbreaking reality of losing their jobs due to illness.
Sometimes you might wonder, “Can you get fired for being sick?” The answer is no – termination due to illness or taking legally protected sick leave is considered wrongful termination.
If you’ve experienced this, you can take legal action against your employer. At Madia Law LLC, our experienced trial lawyers for employment cases help you fight for your rights and hold your employer accountable.
Reach out to us today to explore your legal options.
Key Facts About Your Rights as a Sick Employee
Let’s discover the legal rights and support that protect you from employment discrimination:
What is Earned Sick and Safe Time?
Earned Sick and Safe time is the paid leave granted to employees for being unable to work because of illness or health-related reasons.
Other conditions where you can use earned sick leave include:
- Caring for sick family members.
- Attending and managing a funeral.
- Caring for family members who are victims of abuse or stalking.
These policies protect employees by providing necessary time off during health or family emergencies, helping to maintain their well-being without losing income or facing job retaliation.
Eligibility for Sick and Safe Time
To qualify for Sick and Safe Time, you must have the following criteria:
- You must work at least 80 hours a year, part-time, full time or as a contract employee.
- You should not be an independent contractor.
Benefits of Paid Sick Leave
Providing paid sick leave is a win-win situation for employees and employers.
For Employees
- Financial Stability: Earn the daily ages while taking care of your own or your family.
- Job Security: Protection from job retaliation when using sick leaves.
- Health: Rest without financial stress.
For Employers
- Cost Savings: Reduces employee turnover, absenteeism, and illness-related costs.
- Productivity: A healthier workplace brings higher productivity.
- Compliance: Avoids legal issues by following labor laws.
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Legal Protections for Employees with Illness
Here are the medical leave employment rights you are entitled to if you are facing illness and unable to work:
Family and Medical Leave Act(FMLA)
To be eligible for the FMLA, you must have completed working 12 months (1,250 hours in a year). You are then entitled to a 12-week unpaid leave to care for your or another family member’s illness and a newborn child for up to 1 year.
As an employee, you have the rights to:
- File an interference claim if leave is denied.
- File a retaliation claim if you’re fired for taking leave.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA), protects employees with physical and mental disabilities that limit one or multiple major activities, such as hearing, seeing, speaking, walking, breathing, and more.
Employers are required to provide reasonable accommodations to help employees perform their job duties, such as:
- Adjusting work hours.
- Modifying job duties.
- Providing paid leave if necessary.
Can Your Employer Fire You for Taking Sick Leave?
Don’t let your employer fool you—know your rights and act quickly if you face retaliation for taking sick leave.
Short-Term vs. Long-Term Illnesses
| Short-Term Illnesses | Long-Term Illnesses |
|---|---|
| Protected under paid sick leave or FMLA job security measures. | If your illness lasts beyond 12 weeks or becomes a disability, you may qualify for extended leave or long-term disability benefits. |
| Your employer cannot fire you and must allow you to return to your job. | Termination may be legal only if reasonable accommodations cannot be made. |
Attendance Policies and Performance Reviews
Employer policies must comply with FMLA, ADA, and other laws. While attendance and performance standards apply according to the organization’s policies, employers cannot penalize protected leave or accommodation requests. If illness affects performance, reasonable adjustments must be considered first.
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What Qualifies as Wrongful Termination Due to Illness?
Wrongful termination occurs when an employee is fired due to illness or medical conditions.
Disability-Related Termination
You cannot be fired for having a disability condition. Under the ADA Job Protection Act, employers must provide reasonable accommodations and ensure equal treatment for employees with disabilities, allowing them to perform their jobs effectively.
Retaliation for Taking Medical Leave
You can take sick leave under the FMLA and ADA rights and protections. However, some employers may retaliate by demoting, reducing hours, or even firing for practicing this right. Retaliation is illegal, and you can file a complaint or sue your employer for wrongful termination.
Breach of Employment Contracts
When you’re enrolled on the job, the employee contact mentions guaranteed job security, leave policies, protection against termination, etc. If your employer breaches the contract and fires you from a job you can fight for wrongful dismissal and take legal action.
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What to Do If You’re Fired for Being Sick
Gather Documentation and Evidence
Collect the essential information like termination letters, medical history, and performance reviews to support your claim for wrongful job retaliation.
Seek Legal Advice from an Employment Lawyer
Consult with an experienced lawyer at Madia Law LLC to evaluate your case & proceed with the best legal course of action.
File a Complaint or Lawsuit
If the employer violates your legal rights you can sue them by filing a complaint with labor authorities and pursue legal action with the help of experienced lawyers.
Other Benefits You May Be Entitled To
Some benefits that you can get if you are unable to work due to illness or disability conditions:
Unemployment Benefits
You can get unemployment benefits if you have a valid work history, are currently unemployed, and actively seeking new employment. These benefits provide temporary financial relief while you look for work.
Workers’ Compensation
If your illness is work-related, you can claim workers’ compensation for wrongful job termination, which covers medical bills, lost wages, and rehabilitation costs to support your recovery.
SSDI or SSI Benefits
- SSDI (Social Security Disability Insurance) – It is available if you are disabled and have sufficient work credits after being terminated from your previous work.
- SSI (Supplemental Security Income) – It is available if you are disabled, unemployed, and have limited income, without requiring work credits.
How an Employer Lawyer Can Help You?
If you’re going through wrongful termination or workplace disputes, an employment law attorney from Minnesota can protect your rights and guide you through the legal process.
Assesses Your Case and Legal Options
An experienced lawyer will review your case, analyze the evidence, and give you the best legal advice based on the severity of your situation.
Guides You Through the Legal Process
A lawyer will represent you and do all the tasks from filing claims, handling negotiations, and attending hearings in court to provide the best possible outcome.
Maximizes Compensation and Job Security
By negotiating settlements and fighting for your rights, a lawyer makes sure you get the maximum compensation and protects your job security in wrongful termination cases.
Steps to Take If You Decide to Leave Your Job Due to Illness
If you are unwilling to work due to the illness, you must follow these right steps to protect your rights:
Give Proper Notice
Submit your termination letter through email, and notify your employer in person to maintain professional communication.
Secure Final Wages and Benefits
Remember to calculate the benefits you’re entitled to when leaving the job as mentioned in the employee contract like payments of wages, unused leaves and others(if any).
Communicate Medical Reasons Clearly
Communicate and be transparent with your employer about your health reasons for leaving the job. Provide the necessary medical evidence( if needed).
Why Choose Madia Law LLC for Legal Support?
Proven Track Record
We have successfully supported the victims of workplace issues, including wrongful termination, with positive outcomes. Our team is dedicated to preserving your rights and providing justice.
Personalized Advocacy
Your rights are our top priority. We follow a client-first approach and offer customized service according to the unique demand of your case. Our team goes deep into your case and guides you on the best ways to deal with it.
Free Initial Consultations
You pay only when we succeed together. We offer a free initial consultation and only charge after you hire us and win your case.
Book a consultation now and take the first step towards justice!
Conclusion
When you’re ill, your focus should be on rest and recovery, not financial stress or job security. You have the right to take sick leave and return to work- let us handle the legal complexities. At Madia Law LLC, we fight to protect your rights under the wrongful termination laws in Minnesota.
If you’re facing challenges of job termination with your employer, contact us immediately. Together, we’ll navigate this journey, protect your rights, and fight for fair treatment.
FAQs About Job Retaliation and Termination
How Long Can I Take Sick Leave?
You can take up to 12 weeks of sick leave.
Does FMLA Protect all Employees?
FMLA protects full-time, part-time and contract employees. Independent contracts are not eligible for FMLA rights.
Can I Be Denied Leave If I Have a Doctor’s Note?
In some cases, yes. Employers must comply with state and federal laws, but company policies may require advance notice or additional documentation.
What is the Accrual of Hours?
The accrual of hours refers to how employees gradually earn sick leave over time, usually based on the number of hours worked.
What Should I Do If My Employer Refuses My Sick Leave Request?
You should file an interference claim if the employer refuses your sick leave request.
Can My Employer Fire Me Without Warning?
No, your employer cannot fire you without warning and providing a termination period.
Does My Employer Have to Offer Paid Sick Leave?
Yes, your employer has to offer paid sick leave as a part of employment policies.
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