Q) I had put in my two weeks for my last day to be December 2, and the prior week I had an emergency medical surgery so I missed three days of work plus the two days for holiday. This week I have been working through the pain and swelling, I let my boss know I couldn’t come in the following day because I needed to go back to the doctor because of the infection and pain from
The prior surgery. My bosses response was “So either come in and tough it out or we’ll consider Tuesday to be your final day with us. “ My question is does this mean they are firing me?
A) It sounds like your boss has indicated that if you do not come in to work despite being in pain and having an infection following a medical surgery, they may consider your last day to be the day you missed work. This could potentially be considered a termination of your employment, depending on the circumstances.
However, it is important to note that as an employee, you may have certain rights and protections under state and federal law. For example, if you are unable to work due to a medical condition or disability, you may be protected under the Americans with Disabilities Act (ADA). The ADA requires employers to make reasonable accommodations for employees with disabilities, which could include allowing you to take time off work or providing you with modified duties.
If you believe that your employer’s actions may be in violation of the ADA or any other employment law, you may want to consider seeking the advice of an attorney or contacting the Equal Employment Opportunity Commission (EEOC) for more information. The EEOC is a federal agency that investigates claims of employment discrimination and can provide you with information about your rights and options.
I hope this information is helpful. If you have any further questions, please don’t hesitate to ask.