Wrongfully Dismissed For Taking Sick Leave
As an employee, it may be a common practice to take the occasional day off work due to illness. It’s not uncommon to be tempted to call in sick if your colleague is ill or you’re worried about getting a bug, especially during the coronavirus pandemic. However, in most cases a worker’s right to use sick leave is protected by state and federal laws. So, can an employer be wrongfully dismissed for firing a worker for taking too many sick days?
In general, employment is at-will and an employer can fire employees for any reason. However, wrongful dismissal laws provide protections for workers who are fired for reasons that are illegal or retaliatory. If you believe your employer improperly terminated you because of your sick leave, it’s important to speak with an experienced wrongful termination attorney as soon as possible to see if you have a claim.
Employers are legally allowed to dismiss employees for a wide range of reasons, even high-performing and long-term employees. The key is that they have to meet certain obligations when they do so in order to not be guilty of wrongful dismissal.
Can an Employer Be Wrongfully Dismissed For Taking Sick Leave?
One issue is that most workers’ job protections don’t cover absences due to sickness, particularly when those absences are prolonged and unconnected. However, some states and cities have their own laws that give employees additional protections when they’re off work.
Another potential issue is that employers don’t have the right to wrongful dismissal toronto an employee if they can prove that the worker was no longer capable of doing their job because of their absences. This can be a difficult argument to make, however, as it would require an employer to have up-to-date medical evidence and a process for making the decision to dismiss.
An employer also can’t dismiss an employee for a bogus reason, such as “being too disruptive” or “not performing well.” This is a clear violation of wrongful termination laws and could be grounds for a lawsuit.
If you think your employer violated the law when they fired you, or threatened to do so, because you called in sick, it’s important to seek legal advice immediately. An experienced wrongful dismissal Toronto lawyer will be able to help you determine whether or not you have a case and can assist in filing the appropriate claim. A wrongful dismissal lawsuit can result in an award of damages for your lost income, any emotional distress or inconvenience, and more. You can file your wrongful dismissal claim in Small Claims Court or Superior Court, depending on the amount of damages you seek. An experienced lawyer can help you navigate all the relevant wrongful termination laws and ensure your claim is filed by the deadlines set out in those laws. They can also assist with negotiating a fair severance package if that’s your preferred outcome. Contact us today to get started.