Could I get fired because my daughter was in the hospital and I needed to take care of her? - Employment Law Questions and Answers-

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Could I get fired because my daughter was in the hospital and I needed to take care of her?

I told my job I needed time off because my disabled daughter was taken to the hospital. She had reactions from the medicine and had to stay two extra days. I got a doctor's note and I called everyday to tell them. She got out today and I went to check my schedule and they told me I was let go.

Answer By Joey Niskar
The Niskar Law Firm, PLLC
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It is possible that your absences were covered and protected by the Family & Medical Leave Act. I handle a substantial number of FMLA cases.

Answer Applies to: Michigan
Replied: 7/7/2015

Answer By Mark D. Keyl

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MS is an employment at will State, which means that you can be terminated for any reason that is not discriminatory. They can let you go for not showing up for work.

Answer Applies to: Mississippi
Replied: 6/26/2015

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I am assuming you are in Georgia. If not, resubmit your question, and identify your state. In GA, it is legal to fire you for this. But, you should receive unemployment comp, which is the consolation prize. This is the GA law: An individual shall not be disqualified for benefits if ... the discharge occurred because of absenteeism and the absences were caused by illness of the claimant or a family member, unless the claimant has without justification failed to notify the employer Since you got a doctor's note and called everyday, you did not fail to notify the employer. Therefore you are not disqualified from UI benefits in GA. If GA DOL denies unemployment, you should contact me.

Answer Applies to: Georgia
Replied: 6/26/2015

Answer By Richard F. Rice

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It depends on whether you are eligible for FMLA. An attorney would need more complete information to determine if your rights would be violated by being terminated.

Answer Applies to: Wisconsin
Replied: 6/25/2015

Answer By Alena Shautsova
Alena Shautsova
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Have you applied for an FMLA?

Answer Applies to: New York
Replied: 6/25/2015

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