Can I sue my employer if I'm fired for being sick?
Asked by: Meda Lemke | Last update: May 16, 2025Score: 4.4/5 (22 votes)
If you are fired for missing work due to an illness, the FMLA and ADA policies are only a starting point for taking action against your former employer. An employment lawyer can also rely on local laws, employee handbooks, and certain types of employment contracts or work agreements to build a case.
Can I sue if I'm fired for being sick?
In theory, yes. If you are employed at will, then the employer can terminate you for any reason or no reason at all. That said, if you provided a note and your child was sick, under the FMLA rules as well as under applicable case law, you do have a right to sue the employer based on your termination.
Can you be fired for being sick too much?
Unless you have FMLA protection for a serious health condition, you can absolutely be fired for excessive absenteeism. Even if it's because you're legitimately sick, which you aren't.
Is it illegal to fire someone for using sick time?
California law explicitly prohibits employers from retaliating against employees who use their accrued sick leave. Retaliation includes any adverse action such as termination, demotion, suspension, or other forms of discrimination.
Is it illegal to be fired for medical reasons?
California laws protect you when you have a medical condition that impacts your ability to work. The California Fair Employment and Housing Act (FEHA) prohibits employer discrimination based on actual or perceived medical conditions, including firing and other adverse employment actions.
Law And You- Fired for missing to much work for being sick
Can I get unemployment if I was fired for being sick?
You still might get unemployment (you're in a labor friendly state) but the DOL might rule that the termination was valid and fair. In a pro-employer state, DOL might hold that the employer was right. It's not your “fault” as if you did something deliberately to harm the employer, but your absences were excessive.
Can I lose my job due to health issues?
The California Fair Employment and Housing Act (FEHA) makes it illegal for your employer to discriminate against you due to a medical condition or perceived medical condition. Discrimination can include any adverse employment action, including firing or termination.
How many times can you call in sick before you get fired?
Generally, an employer cannot fire you for calling in sick. If you have experienced a change in your employment after calling in sick or taking a medical leave, it is important to seek advice from an attorney immediately. It is crucial to understand your employment contract and your employment rights.
Can my employer punish me for being sick?
In general, no, an employer may not discipline an employee for using accrued paid sick leave. Depending on the circumstances, however, the issue may be more complex and may require more analysis.
Can you be fired for missing work due to mental illness?
The Americans with Disabilities Acts (ADA) protects employees from discrimination based on a disability—including mental health conditions like depression or anxiety.
Do you get your sick pay if you're fired?
You may be entitled to payment of the sick time upon termination of your employment if your employer's policy did not specify or was vague about waiver upon termination.
What is considered calling in sick too much?
If an employee has used 90% or more of the sick leave he/she has accrued since being hired, there may be a problem of excessive absenteeism. In reviewing this factor, you will want to consider any major illness, injury, or maternity/paternity (parental) leave that may have caused the high usage.
How many days can you miss work before getting fired?
Assuming you're in an at-will employment state, you can immediately fire your employee. Though, grounds for termination also depend on your attendance policy. According to Findlaw.com, a common policy says an employee has voluntarily quit if they are absent without explanation for three consecutive days.
What to do if you get fired for being sick?
If you believe you were fired illegally because you took a protected leave of absence, your employer may have broken California employment law. As quickly as feasible, ask for a lawyer referral. Our prescreened California Employment Attorneys are well-versed in California labor law.
Can you sue your workplace if they make you stay when you re sick?
Making employees come in if they have a common cold would not violate this requirement. However, if an employer forces employees to show up when they are very sick or consistently puts others at risk of illness, there may be a violation.
Can I terminate an employee who is always sick?
Employers must explore possible accommodations and interact with the employee before considering termination. Still, if an employee's illness consistently prevents them from performing the essential functions of their position, even with reasonable accommodations, the employer might have grounds for termination.
Can you lose your job from being sick?
If you consistently miss work due to an illness that is not related to your disability, your employer may be able to legally fire you. It might also be legal for an employer to fire you if they can make the case that your illness or absence renders you unable to meet the job requirements.
Can a job fire you for a medical emergency?
It's illegal for a California employer to terminate workers because they took medical leave under the Family Rights Act. Firing employees for using that medical leave could result in a wrongful termination lawsuit.
What if an employee lies about being sick?
You have to address the issue. By ignoring it, you are condoning the behavior. It also can impact team morale, work performance and productivity. Other workers may see it as affecting how much work they have to absorb when someone is out, or they see the employee as getting away with not following company policy.
How to call in sick for mental health?
I'm having a hard time with my mental health and need to take a sick day today. Thank you for your understanding.” Alternatively, you might say, “I'm feeling burnt out and am planning to take a sick day to take care of my mental health.
Can an employer retaliate for calling in sick?
By law, your employer cannot retaliate against you for: Requesting to take paid sick leave.
Can my employer write me up for calling in sick?
If you do not have any accrued paid sick leave and need to take time off due to your or a family member's illness, your employer could potentially discipline you for having an unexcused absence.
What is an example of medical discrimination at work?
Your employer fires you from work because you discuss your family history of cancer with him. He thinks you will have to stop working because you will get cancer too. Your boss refuses to provide reasonable accommodations during your pregnancy. Your coworkers harass you because you are in a wheelchair.
What is it called when you can't work because of medical reasons?
This leave is referred to as the California Family Rights Act leave or CFRA leave. Employees also have federal rights to leave for their own or a family member's serious health condition or to bond with a new child, which are provided for by the Family and Medical Leave Act (FMLA).
Can you be terminated while under doctor's care?
Under both federal and state law, employers are prohibited from terminating employees simply because the employee is on medical leave.