Serious Is it legal to fire someone for being sick?

[Channizard]

Something doesn't feel right here.

So today I got fired. der. Look at the title, amirite?

It was a pretty good day, it was actually even better than normal cause I was in an especially good mood cause of the weekend. But as we were doing dinner service, I started to feel sick. It was hot. Really really hot. For some reason hotter than normal.

Standing over a steam table is no picnic. Combine that with the heatlamps over your head, and it's downright unbearable. But most days it's manageble, for some reason I just... I couldn't breathe. I started to feel dizzy, I couldn't catch my breath, I was dehydrated.

My boss, the Chef who was working for the day, told me to pick up my slack. It's Valentine's Day dinner, we have a lot of guests. But I told her I felt legitimately sick, like I was going to pass out or throw up everywhere. So then she told me to get out of the kitchen, and I went outside and sat in the rain to cool down. It worked, cause I was just overheated, I was drenched in sweat.. can you work like that? Apparently not.

I went back inside after 10 mins and she flips out. She tells me to get out before she fires me, because I made her dinner late (we actually still finished around the same time) and that she was done with my theatrics. Srsly? Theatrics? Where?

So I went home..

This morning she calls saying we need to talk. There was virtually no talking made, she just said that we were done. She was sick of my attitude (which I haven't had any in a few months since my break up) and we were done. Then she hung up.

Fantastic.

 

[DarkShadow]

You should take this to court.

Your boss sounds like a bitch anyway (I'm sure she is)I can't really think of an excuse other than being sick to why she fired you....I'm not siding with her,but when you went out did you ask her that it was gonna be 10 minutes?.....Even if you did thats still not a good enough reason to get fired........But anyway if your considering on not going back and apologizing for being sick (even though it would be dumb to do so), you should ring her back and give her a bit of your wrath too.

Oh and let me guess.....This was an Indian Restaurant? and the chef was Indian right?

 

[Channizard]

xD that's so racist. No this wasn't an Indian restaurant. It was just the kitchen in an Old Folks Home/Assisted Living Facility.

I can't/don't take it personally since her turnover there is horrendous. She's fired so many people and if they don't get fired, they quit cause she's unbearable. But I was always her scapegoat. If there was something that wasn't done, or needed to be done, never mind talking to the other person responsible who didn't do it, she'll direct it to me cause I actually LISTEN.

Wouldn't getting a lawyer be expensive? I dunno. I've been there since July, so that's.. just over 6 months iirc. But she gave me a warning couple months ago, back in Oct when I had issues with my break up that that was my last warning and next time I'd be straight up fired. But since then, we hadn't had an issue.

 

[DarkShadow]

I wasnt being racist I used to work at an Indian restaurant......and like you said above people left because the boss was horrendous,I left for the same reason. At the restaurant I used to work at,one of the guys (who was Indian) even told me because I come from a different background to them I should do as I'm told regardless of my condition......But I left after a few months cause they were so pisstaking.

But back to your case just hire a lawyer......like DragonByte said you can sue them and then go on inherit millions ........

It was just the kitchen in an Old Folks Home/Assisted Living Facility.

Oh maybe not millions then.

 

[Amizon]

You know, I think about how pathetic my employer is and then I hear this.

No. It's not legal. If you're genuinely sick and have to take the day off or whatever, then they shouldn't fire you. Perhaps you're better off without being there if your boss is such a bitch, but if you feel it's unfair, I'd pursue it.

If it were me, I wouldn't go back. However, I'd leave her a very, very, very nasty voicemail.

 

[Valvalis]

Well the thing that sucks is, often times when you sign up for a job and sign paperwork or whatever, they have that dumb thing where it says the employer can decide to terminate you whenever they want for whatever reason they want I've seen it some places, I'm not sure if it's everywhere, but it gives them too much power to just lay people off for no good reason. If she's got a high turnover rate though, then I wouldn't feel bad about it, it's obviously not that you were a bad employee or anything.

As far as taking the time and cost to get a lawyer etc., personally if it were me, I would rather just look for a new job right away. Lawyers are expensive and it would probably not end up being worth it. Plus you'd have to see that nasty bitch again, in the courtroom :dave:

 

[Channizard]

Well the thing that sucks is, often times when you sign up for a job and sign paperwork or whatever, they have that dumb thing where it says the employer can decide to terminate you whenever they want for whatever reason they want I've seen it some places, I'm not sure if it's everywhere,

I think... I signed something like that. Because it's not just me that she's fired at the drop of a hat before.

 

[Æon Flux]

Actuly in my state it is.Ones boss can fire them for an employee smirking at them and be jobless. Where I live you can be fired for any reason at all and have no recourse but to collect unemployment if you can.
I actually got fired,at one job long ago, because I dislocated my shoulder at work and when I went back in after my time off,they told me not to bother thus I called a lawyer and was informed of my states policy,though I will say at the end of a ten year stint working there I actually was happy to be fired,I was a shitty employee towards the end in all honesty.
Though normally unless you constantly call out or leave work or slack off alot most employers keep you.
Though you should find out your states policy but your employer could fight back mearly claiming your a slacking employee.....

 

[Noize]

Something doesn't feel right here.

So today I got fired. der. Look at the title, amirite?

It was a pretty good day, it was actually even better than normal cause I was in an especially good mood cause of the weekend. But as we were doing dinner service, I started to feel sick. It was hot. Really really hot. For some reason hotter than normal.

Standing over a steam table is no picnic. Combine that with the heatlamps over your head, and it's downright unbearable. But most days it's manageble, for some reason I just... I couldn't breathe. I started to feel dizzy, I couldn't catch my breath, I was dehydrated.

My boss, the Chef who was working for the day, told me to pick up my slack. It's Valentine's Day dinner, we have a lot of guests. But I told her I felt legitimately sick, like I was going to pass out or throw up everywhere. So then she told me to get out of the kitchen, and I went outside and sat in the rain to cool down. It worked, cause I was just overheated, I was drenched in sweat.. can you work like that? Apparently not.

I went back inside after 10 mins and she flips out. She tells me to get out before she fires me, because I made her dinner late (we actually still finished around the same time) and that she was done with my theatrics. Srsly? Theatrics? Where?

So I went home..

This morning she calls saying we need to talk. There was virtually no talking made, she just said that we were done. She was sick of my attitude (which I haven't had any in a few months since my break up) and we were done. Then she hung up.

Fantastic.

Mmmk so before i reply properly, lemme get the story straight in my head.

You walked into work happy as can possibly be, and not long after, due to the heat lamps, stoves ect in the kitchen, you started to feel sick so you went outside to cool off.

After that it all went downhill and got the sack. Have i got it right so far?

 

[Abstract Debauchery]

I'm not sure how it is in America's Hat, but I know in America (AKA the shirt of NA), that shit wouldn't pass. Unless she had some motive from before, such as maybe one day you went to work and pissed all over the cheese, or snuck in some poo on the frying pan, then no. Seriously, that shit (no pun intended) wouldn't fly.

From what it sounds like, she had no real reason to let you go, other than that you were feeling bad. However, that is not a legitimate reason. You may as well fire pregnant chicks for getting pregnant.

 

[Davey Gaga]

If it were me, I wouldn't go back. However, I'd leave her a very, very, very nasty voicemail.

Which is illegal, durrrr.

Long answer is that we don't know your job contract or the procedures your boss followed to give you the sack. I wouldn't jump straight in to lawyers though - expensive. Try and speak to your union (if you have one) or a Citizen's Advice Bureau first. They might be able to give you more suitable options for a first-line retaliation.

 

[Channizard]

Mmmk so before i reply properly, lemme get the story straight in my head.

You walked into work happy as can possibly be, and not long after, due to the heat lamps, stoves ect in the kitchen, you started to feel sick so you went outside to cool off.

After that it all went downhill and got the sack. Have i got it right so far?

Yah that's pretty much the jist of it.

I'm not sure how it is in America's Hat, but I know in America (AKA the shirt of NA), that shit wouldn't pass.

We're not a hat. More like.. a scarf.

Alright well, I'll try and shed some light on the situation to give y'all a better grasp. Since I've been there in July of last year, I've been her scapegoat. If there was anything she could blame or push a task on, it was me. And this isn't just me being paranoid or summat, this is things all the other employees have noticed too. Some straight up said before "Wow she must really hate you, huh?"

If there's something that the Servers are supposed to do, or the Dishwasher does and they're not doing it, she pushes it on me. Simply for the fact that 'it's not getting done, so you do it' because she knows I never argued.

I helped out others when no other Prep Cook did. Whenever we train a new Dishwasher, I jump in there and send him on his break and cover for 15 mins so he doesn't get behind. Or simply help him with his dishes are piling up and he's having a hard time.

I cleaned areas of the kitchen that the other Preps never even notice. Have I ever gotten a thank you or acknowledgement from her? No. But I still did it, knowing that eventually she'll notice. But not when it's clean, when it's dirty, and she'll ask me to clean it anyway.

Basically, I was her personal bitch. The only gripe, ONLY gripe we ever had with one another, was when I was having issues with my break up, which occured one day before my shifts started, so the emotional wounds were still fresh. That was 4 and a half months ago. Since then, we were fine with each other. Good even.

Throughout that whole day, nothing occured or happened to have put me in a bad place to warrant being fired. Except for me being 'theatrical' about being sick on the line. Which, maybe I should have just passed out and maybe she would have taken me seriously.

 

[Æon Flux]

Hmm well thats work for you,slavery, and in this economy for every one fire theres ten to be hired and happy to be slaved at that
My question did she tell you the REASON why you where fired?
If yes what was it if no you should get it.
I have more to add but id like to hear an answer to this first if possible

 

[Noize]

Hmm ok well from what i've gathered, Your workplace isn't usually that humid and suffocating right? Not alot of ventillation? I mean, if it's the first time you've felt like this due to working conditions and your ex-boss has known about it and hasnt done anything, then she's obviously in the wrong. She's meant to make the workplace a safe, clean environment for you to work in.

With regards to getting fired, As people have stated before me, She's meant to go through the procedures, she's not allowed to just sack you on the spot.

By all means, you have a case against her. Yes, the kitchen (i'm assuming you're a chef?) is a fast paced environment, but if she's fired you just for being sick then that's obviously going against OH&S (Occupational Health & Safety), and you can also report her for unfair dismissal. (Not sure if you have something like that in Canada.)

Now, I can understand that Valentines day is pretty much the one of the busiest days for couples so she'd be all shitty because of the rush of orders, but there's really still no grounds to fire you, you didn't argue with her, Nor did you hit her or impede the work flow. You told her you were sick and dehydrated and she flipped.

 

[Channizard]

The kitchen's pretty hot and there have been a few times where the vent system has busted and we got too hot, but it seemed to just be me that day. And as far as sacking goes.. She calls, leaves me a message saying that we needed to talk. Call her back and she just says "I can't take this anymore. We're done." simple as that. Didn't really explain it further than that, didn't give me a chance to explain and pretty much told me when my last check would be ready and when to pick it up.

 

[Noize]

The kitchen's pretty hot and there have been a few times where the vent system has busted and we got too hot, but it seemed to just be me that day. And as far as sacking goes.. She calls, leaves me a message saying that we needed to talk. Call her back and she just says "I can't take this anymore. We're done." simple as that. Didn't really explain it further than that, didn't give me a chance to explain and pretty much told me when my last check would be ready and when to pick it up.

Yeah that's bullshit, not even giving you a chance to explain yourself... I'd definately pay your union and a lawyer a visit.....

 

[Æon Flux]

Personaly Id make issue of it if you file for unemployment you might not get it depending on what she says her reason for firing you is.
But once you find out you could take it further if its a lie and you can prove it.
But like I said befor depending on state(like mine) an employer can fire for any reason....and it dosent have to be a good one either.
If you see those free lawyes(only if you win you pay) on tv call one and ask about it they will tell you weather you can sue or not and for free^^

 

[Channizard]

Well I wasn't part of a Union, this was just for the kitchen in a Assisted Living Facility. The kitchen's separate from the rest of the business so she technically runs it herself.

I might look into that but I don't wanna pay for a Lawyer if I won't have anything to gain. And I dunno if we have any 'free, pay if you win' lawyers. And yeah I'm gonna have to file for unemployment pretty soon and make sure I get my ROE from her asap, hopefully lies and slander free.

 

[Æon Flux]

Well I wasn't part of a Union, this was just for the kitchen in a Assisted Living Facility. The kitchen's separate from the rest of the business so she technically runs it herself.

More the shit When I was fired it was from the same form of facility....Basically im sorry to say you probably are screwed.
Those places have clauses you sign when your hired......and unfortunately they include yyour subject to dissmissal for whatever blah blah blah reason
If you signed those papers you cant do shit

 

[Sum1sgruj]

ACTUALLY, it depends on your location. In the U.S., many states have adopted an 'at will' basis for employment, which means that you can be fired for no reason at all.
If you work full-time, they have to give you notice. If you are part-time, than they can just take you off their schedule instantly.

Now with certain states, there has to be reason to be fired. Being sick is not one of them unless you are under their medical insurance and fail to authenticate your illness.

It balances out, however- states that have 'at will' employment statutes usually have better job opportunity.

As far as other countries, I have no idea. Just speaking on behalf of all my fellow Americans out there.

Nonetheless, there is something called work ethics that have to be maintained. There must be a reasoning why you would fire a specific person and not another, for example.
This is why a lot of businesses carry a 'seniority' system.