QUESTION

Being fired

Asked on May 01st, 2013 on Employment Contracts - North Carolina
More details to this question:
My wife was hired by a company about 3 months ago. She has missed a total of 7 days. Kids being sick, as well as herself. She offered the first time a doctors note. Her boas told her no it is not needed. This monday she was out, again. My wife as lupes. She had to go get infusions. The following day (tuesday). She told her employeer that she has lupes. Felt like it was the right to do so. Three hours later she was fired. The reason given was she had an absent t problem. I know have an abset problem can be a fireable offense. It probably be hard to prove that is the reason. I just want to know if that right for them to do so.
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1 ANSWER

Employment Law Attorney serving Concord, NC
4 Awards
Employers in North Carolina can fire an employee for sickness even with a doctor's note.  The only time an employer cannot consider sickness related absences is when the absences are covered by the Family and Medical Leave Act.  Your wife was not employed long enough to be covered.  However, she should be eligible for unemployment benefits assuming that she has worked enough over the past few quarters.
Answered on May 02nd, 2013 at 4:38 PM

I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.

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