Let go for not performing satisfactory while ill

[bgbdlee]

Let go for not performing satisfactorily while ill

What is the name of your state?

California

Last week, I was let go for performance reasons while being ill (i was clearly sick, I had called in and notified him personally on the two previous days). He said that I made a bad judgement call by showing up to work while still being sick.

Is that a legal reason for termination?

Or perhaps the dismissal could be illegal due to that fact that I was unable to perform to his satisfaction due to my health (a.k.a. disability)?

Please advise. Thnx.

 

[I AM ALWAYS LIABLE]

My response:

He didn't even need to give you a reason. California is an "at will" employment State. He even could have said to you, "I don't want you to work here any longer because I heard you eat Cherios for breakfast. So, you're fired."

Or, he could have simply said, "Get out. You're fired."

IAAL

 

[bgbdlee]

"at will"

Really? Even if they gave me:

1- No warnings, performance review plans, negative feedback
2- False accusations on the performance issues that he cited
3- I was ill and he new it
4- No severance pay

Could I really have no rights whatsoever? They have really messed me up financially, emotionally, etc. I'm in a real jam right now.

 

[I AM ALWAYS LIABLE]

So, let me get this straight. An employee has no rights whatsover, under any circumstances when it comes to being terminated due to the law that you are mentioning? Thnx.

My response:

Not under your fact pattern. You're welcome.

IAAL

 

[bgbdlee]

Please see my prior post

I edited it after you posted. If you have more comments, I'd appreciate hearing from you. Very helpfull. Thanks!

 

[Ummonx]

there are no more comments, Liable is correct.

 

[cbg]

Nothing in the law requires them to give you any performance appraisals, written or otherwise. Nothing in the law says that they can't let you go for poor performance, even if you are ill. Being ill is NOT the same as being disabled as far as the law goes. But for that matter, despite a widespread belief to the contrary, nothing in the law says that they can't let you go while you're "on disability". Nothing in the law requires them to provide you with severance pay.