If a company has no written policy manual, and the company 'cans' an
employee for calling off sick for 2 days,  what is the law concerning
being fired under these circumstances?

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Clarification of Question by cannedemployee-ga on 10 Jul 2005 15:15 PDT

(without a doctors notice)

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Request for Question Clarification by justaskscott-ga on 10 Jul 2005 15:25 PDT

As noted in the disclaimer below, answers and comments on Google
Answers are not intended to substitute for informed professional legal
advice.  If you need such advice, you should contact a attorney
admitted to practice law in Ohio.

Still, perhaps we can provide some general information, if you can
explain your situation further.  Did you have an employment contract? 
Were you informed -- even if not in a written policy manual -- of the
terms or procedures under which employees in your position or similar
positions could be fired?  Is there any other information that you
think might help us to answer your question?

Hi cannedemployee,

Here is the state law in Ohio regarding termination:

Employment-At-Will and Wrongful Discharge in Ohio
PREPARED BY: MICHAEL GRIFFATON, LSC RESEARCH ATTORNEY
REVIEWED BY: RICHARD MASEK, LSC ASSOCIATE DIRECTOR
http://www.lsc.state.oh.us/membersonly/employment.pdf
..."Ohio is an employment-at-will state, which means that, in the absence of
a written employment agreement or a collective bargaining agreement, an
employment agreement is terminable at will by either the employer or the
employee for any reason that is not contrary to law..."

[much more at the link]


This means, that unless you were terminated for one of the noted
exceptions under Public Policy, Contractural, or Statutory exceptions,
your firing was legal.


MORE REFERENCE:

This is an excellent reference page with many relevant links for you:
http://eeoattorney.com/custom3.html

Note, at the above link there IS an exception for what is called a
"serious health condition," however, calling in sick a couple days for
a cold, flu, any common health problem, would NOT be covered under
this exception. A "serious health condition" would be something
requiring ongoing treatment over a period of weeks or months wherein
you had to take time off from work for doctor's visits/treatments.

You cannot be fired for an ongoing "serious health condition." But
just calling in sick a couple days?  Yes, unfortunately, you can be
fired for that.  You can be fired for ANY reason, except for reasons
that violate state or federal statutes.


I trust that this answers your question. If this is unclear, please
ask for a clarification before rating this answer and I'll be happy to
assist further.


~~Cynthia


Search strategy used at Google:
ohio  "at will" termination OR fired

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Request for Answer Clarification by cannedemployee-ga on 10 Jul 2005 16:53 PDT

Hello, thank you for your quick response.  There was no employment
contract and no employees (including myself) have been informed in ANY
type of way,  regarding the terms or conditions of termination.  I do
have a 'documented disability' but I did not call off due to a
disability.  Thanks for your help ;)

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Clarification of Answer by cynthia-ga on 10 Jul 2005 17:25 PDT

Hi again canned,

The employer doesn't have to give a reason to fire you. Unless you can
prove discrimination, or produce an employment contract, you are out
of a job.  You can however, get Unemployment:

Here's some info as to how to apply:

Ohio Unemployment Fact Sheet
http://www.jfs.ohio.gov/factsheets/ucregular.pdf 
...there's a link to where to apply online.

Being fired after having called in sick for 2 days is not 'just
cause.' There's nothing wrong with being sick, as long as you don't
have a long history of 'calling in sick.'  Apply for unemployment.

~~Cynthia

very helpful information, thanks a million.

cannedemployee,

Thanks so much for the 5 stars and the kind words!

~~Cynthia