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Employer Issues
Reply to "Fired w/out Notice for taking sick day!?! Should I sue?"
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[quote=Anonymous]Before I begin, I just want to say I am a nanny of 18 years with excellent reference and attendance, with most of my years working with babies and toddlers until they attend kinder. So my typical # of years to work for a family is 3-5years. This year I began working with a new young family, that I thought would be a great fit. have a 1 year contract with my employer that states I have 5 sick days and 10 day vacation. It asks that I give 2 week notice for doctors' appointments, and 4 weeks for vacation time requests. In addition, it also stipulates 10 conditions under which I could be fired without notice, none of which is for using too many sick days. Anyways last month, I had to call out sick, and go to the emergency room due to excruciating nerve pain in the left side of my body, and had thus used 3 day sick leave. When I returned to work, I showed my employer all the documents and doctor's note, and also let her know 3 weeks ahead of time that I had a follow up appointment with the doctor and will need to take the day off. So last week was the day of the follow up doctor's appointment, and my employer fired me without notice saying that she couldn't afford to pay me and the sick days, because she didn't think I'd use up the sick days. I told er my contract gives me up to 5 days and that this appointment still left me 1 day. I am not one to call in sick for no reason. But nevertheless, she wrote me the check for that week and told me not to come back, and that I could file for unemployment if I needed to. I have been very angry about this this past week, especially after I received her termination letter. She writes in the letter that she and her husband had to let me go because they've decided to put their son in a daycare facility! Would this not constitute as a breach of contract? Should I pursue this further with a lawyer? I feel like I'm at least entitled to some type of severance pay and my accrued vacation time but I'm not sure if it's worth paying a lawyer for. What would you do? Would you just let it go and mover on, or pursue legal action? Thanks for your feedback ahead of time. (By the way, it's the first time I've EVER been fired in my 18 years of service.) Regards, Wronged nanny.[/quote]
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