Can an employee be fired that is ill?

Answer 1

That gets complicated. Most states are now "Right to work states" which means that an employer can terminate you at any time with out much reason. However, there are certain "protected classes" of individuals that cannot be terminated for reasons pertaining to their status because it would be considered discrimination. These usually come down to race, sex, age and disability. If you truly have a serious, chronic illness then you would be considered "disabled" under the ADA (Americans with Disabilities Act) and an employer cannot terminate you for the reason of your disability provided that your illness or condition is medically verified by a licensed physician and you can still perform the core functions of your job either with or without Reasonable accomodations.

Employers are required to make reasonable accomodations for a disabled person to preform the job they were hired for,there are limits to what those reasonable accomodations are,such as if a persons disability or illness now prevents them from climbing a 10 foot ladder to get to their crane operators seat then they can not require the employer to put in an elevator ect ect.

If you feel that your illness was a consideration in your termination and you feel that you could still perform your job with or without accomodation then you have grounds to file a complaint under the ADA with the EEOC (Equal Employment Opportunity Comission). You have 180 days from the date of the discriminatory act to file the complaint. You should also check with your state's department of labor. Most states have parallel laws and work in unison under agreements with the EEOC to investigate discrimination claims.

Please note the 180 day limit. It is rigorously enforced. i would also recommend that you consult an attorney that specializes in employment law. There may be other laws that your employer may have broken like the FMLA (Family Medical Leave Act) and Sections 503b and 504 of the Rehabilitation Act if they are a federal contractor, sub-contractor or educational institution that receives federal monies. The first consultation is free and attorneys fees can be recovered from your employer.

Answer 2

it depends on a lot, did you give proper warning that you were not going to show up for you shift and were you in trial period.

As a permanent employee, you may have 240 hours of leave (FMLA) if you properly apply and carry out the rules. After that, they do have the right to not hold your position open and to let you go.

Answer 3

The Americans with Disabilities Act or ADA can protect you in such a situation. Your chronic illness needs to be real and verifiable.

Answer 4

It depends on his or her mental position at that time. But, for the question, the answer is, yes, he or she can fire an employee due to mental illness.

Answer 5

That will depend on the benefits package provided by the employer. They are not under any obligation to re-hire or re-employ someone after a leave of absence.