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Dismissed After Surgical Absence

An employee had minor surgery which caused her to miss five days of work (day of surgery, plus recovery time). On the third day of absence, the employer contacted the employee to inform them that if a fourth day was missed a doctor's note would be required. The employee issued a doctor's note from the surgeon confirming the surgery and legitimacy of the recovery time.

The employee was soon after fired. The employee had no history of absenteeism and was issued no warnings of any kind. The employee gave advance notice on all days prior to being absent. Also, the employers request for a doctor's letter was unprecedented for the company.

 

Does the former employee have a case against her former employer even if the official reason for dismissal was unrelated to the absences? And what if the offical reason was related?

Authors: ratealawyer.com

Read more http://legal.advicescene.com/ca/question/1003928

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