Firing someone for being sick can constitute a wrongful termination if an employee's sickness rises to the level of a legally defined disability. Therefore, if an employee's sickness falls under one or more of the definitions of a disability, an employer usually cannot simply fire him/her for that sickness.Jun 24, 2019
Can a sick employee be terminated?
An employer can be held liable for firing a sick employee if the employee's sickness constitutes a disability under applicable laws. Disabled employees are protected from being fired due to their disability under several laws, including: The Americans with Disabilities Act (ADA) The Family and Medical Leave Act (FMLA)Sep 29, 2021
Can I sue if I get fired for being sick?
Employees have the right to be reinstated once their leave is over, with a few limited exceptions. So, if you were out sick for a serious health condition as defined by the FMLA, and your employer fired you because of it, you may have a legal claim for wrongful termination.