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By Anonymous - / Friday 8 December 2017 15:00 /
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Right to Work has nothing whatsoever to do with what you can be fired for. Just means you can’t be forced to pay union dues if you object, even if the work site is otherwise unionized. I THINK you mean an “at-will” state, which almost all states are. However, even there, you’re wrong. *Federal* law prohibits disciplinary action against an incapacitated employee, so state policy doesn’t even matter.

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  CoyoteOldOne  |  9

I am not an attorney, but to my knowledge, there is no federal law that says you cannot be terminated for failing to show up to work because you were injured and did not provide notice from before you were injured. You cannot be fired based on protected status, such as race, religion, political affiliation or gender, for refusing to break the law, reporting breaches of law, or reporting regulatory violations. If you are discriminated against at work, you can't be fired for complaining about it, and you can't be fired for exercising a legal right, like voting, or family medical leave. You can be fired for no or any other reason, as far as I know. However, you are right - Right To Work states are ones where you cannot be forced to join a union or pay dues. I was thinking of at-will employment, which is not the same thing. There go my clever plays on words. Thanks for correcting me.

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The Americans with Disabilities Act requires “reasonable accommodation” for a disabled employee. I’m not a lawyer either but I think a pretty strong argument can be made that “not firing me for being unable to call in due to injury” is a reasonable accommodation. FMLA also has a “unusual circumstances” exception to its notice requirements. If the employer exercised a default-termination policy for a no-call/no-show, they may not have done anything wrong. However, OP is probably entitled to their job back. Attempting to enforce the termination after learning of the sudden disabling injury is slimy and probably illegal under either ADA or FMLA.

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  OnlyNeko  |  13

HaHaHaHa the Post from yesterday HaHaHa seriously like THiS comment jus made me LAUGH sooo much harder then it really should have hahaha ×♡×♡× :)

By  RichardPencil  |  24

Too many negative votes, comment buried. Show the comment

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  Cali  |  47

RichardPencil gets a bad rap around here, but I'm pretty sure he's always joking. I guess a lot of users just don't get it!

By  bsshooter  |  12

talk to hr and or Sue them

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False. Federal law prohibits firings of this sort. Also, right to work doesn’t have anything to do with if you can be fired or not. I think you mean “at will states”, which is a different thing. Right to work relates to whether a union can collect dues from you if you don’t want to pay them.

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