Sick days and termination: is it wrongful?

Getting a sick day sounds like it should be a constitutional right. Unfortunately, the federal constitution does not promise workers sick days. Additionally, there are no federal laws that require companies to give sick days (although there could be a state law). The United States is an "at will" employment country, that means the baseline rule is that anyone can quit for any reason and anyone can fire you for any reason (except for a handful of exceptions like racism and sexism).

If your employer does grant you sick days, whether you can be fired for taking one depends on the nature of your employment relationship. Most major companies will give out employee handbooks. The handbook will outline when and how you can be fired. It will also usually cover the number of sick days you can receive.

You shouldn't, however, take a sick day whenever you want. Despite the protections offered by state law and your handbook, people still perceive how you act at work. For example, try to avoid taking a sick day before a major presentation. If you saddle a colleague or subordinate with preparing for the presentation and then swoop in to take the glory of actually delivering it, you risk alienating your team and your supervisors.

If you believe you were fired because you took a sick day, you may want to speak to a lawyer. While the baseline rule is termination at will, the reality is more complex. Furthermore, an attorney can go over your state law employment rights. You don't want to risk surrendering your right to fair compensation for being treated wrongfully because you tried to tackle this problem on your own. A lawyer can help.

No Comments

Leave a comment
Comment Information
  1. Suffering from discrimination in the workplace?

    Take Action Now
  2. Experiencing illegal employment retaliation?

    Get your job back
  3. Need help enforcing your contractual rights?

    We can help – learn how
  4. Are You A Victim of wrongful termination?

    You have rights
  5. 100 % Employment Law. 100 % For Employees. Put 20 years of experience to work for you.

Learn more about what to expect at our firm.

You can also schedule a face-to-face consultation with lawyer Stephanie Hahn by calling 800-375-1548.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response

Office Location

Stephanie Jane Hahn, Attorney at Law PC
3815 River Crossing Parkway
Suite 100
Indianapolis, IN 46240

Toll Free: 800-375-1548
Fax: 317-816-7001
Indianapolis Law Office Map

Contact Info

Schedule Appointment

Conveniently located in River Crossing at Keystone at the top of the I-465 dial, we serve employees statewide.