Can I get fired for being in the hospital – Florida unemployment question

by liz

(hialeah, fl )

If i got sick and was in the hospital for 5 days can i get fired?

Hi Liz,

That’s sort of a loaded question because it doesn’t include any details about the sequence of events or the seriousness of the illness.

Generally speaking, yes .. anyone can be fired for anything .. as long as the employer hasn’t broken any laws or violated any of your rights, but as far as unemployment is concerned whether a law has been broken is not what they are looking for.

If an employer chooses to fire a person .. and they cannot prove “willful misconduct” .. they’re going to lose.

I use to see employers fight this situation all the time by trying to prove the “willful misconduct” was the fact that the employee did not follow the employer’s call in procedure.

So clearly, this would present a problem to a person who had to go to the hospital and was cognitive enough to take care of this consideration (requirement).

They also use the tactic that you could have had a family member do it for you.

Since the question lacks specificity .. so does my answer.

Comments for Can I get fired for being in the hospital – Florida unemployment question

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Seizures

by: Anonymous

On Monday I was hospitalized unexpectedly and ended up in the icu and almost died. My job was aware I had epilepsy prior to being hired. I did text my boss and told him I wouldn’t be there because I didn’t feel right. That same day my husband texted and called my boss with no answer or response to let him know my status. Today (Sunday) they called and fired me over the phone.

Documentation proving you were in the hospital and fired for it .. should be enough to get benefits, as long as you also have documentation from a doctor saying you are able and available to work.

However, this is just my opinion, based on the limited information you provided about a discharge for what I also assume to be attendance issues the employer should tell the department.

Also, you might want to check to see if your employment was covered by the ADA and talk to a lawyer to discern whether this discharge might be wrongful due to disability discrimination.

Chris

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