HOW TO USE DOCTOR’S EXCUSE NOTES
There are three (3) important things to consider when using a doctor’s excuse note for work absences:
1) Your company’s policy regarding work absences. You maybe surprised to learn that you can be
2) Your membership in a union or your employment under a contract. Be sure to check the union rules or your employment contract regarding work absences.
3) The state in which you work. Most states employ on an ”at will” basis which means they can fire you for any reason without cause even with a doctor’s excuse note. However, there are exceptions depending on the state in which you work.
Exceptions to “at-will” employment By State
Most states employ on an “at will” basis which means they can fire you for any reason without cause even with a doctor’s excuse note. However, there are exceptions depending on the state in which you work.
The exceptions involve:
1. Public Policy Exception - If your state has this they would have difficulty firing you with a doctor's excuse note if it violates a state statutory right already on the books.
2. Implied Contract Exception - If your employer has given you a contract or implied that your hiring would be long term (even if it is not in writing) they would have difficulty firing you with a doctor's excuse note if it violates that implied or expressed agreement.
3. Covenant of Good Faith and Fair Dealing - If your job performance has as exemplified by
“good “evaluations, raises, or advancement they would have difficulty firing you with a doctor's
excuse note if it violates that implied or expressed agreement.
Covenant of
good faith and fair dealing
Source: Adaptation from “State Common Law Wrongful Discharge Doctrines”
By David Walsh and Joshua Schwartz
We are not lawyers and this is not intended to be a substitute for legal advice from lawyer.
