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The Global Insight

Can my employer fire me for missing work?

Author

John Hall

Updated on April 06, 2026

Employers may not be permitted to terminate employees if the reason that they missed work is considered a “protected activity” under state or federal law. For example, the employee may have gone to a union meeting, reported for jury duty or voted when he or she missed work.

What can an employer not fire you for?

Discrimination. Employers may not fire even at-will employees for illegal reasons, and discrimination is illegal. If you believe you were fired because of your race, color, national origin, gender, religion, age, disability, pregnancy, or genetic information, you should talk to a lawyer right away.

Can you be fired for missing work due to mental illness?

No. It is illegal for an employer to discriminate against you simply because you have a mental health condition. This includes firing you, rejecting you for a job or promotion, or forcing you to take leave.

Can you be fired due to mental illness?

It is unlawful for a California employer to discriminate refuse employment to or to terminate an employee on the basis of a mental or physical disability or medical condition.

Can I be sacked for mental health issues?

“Can you fire someone for other mental health issues?” The simple answer is yes, so long as you follow a fair process. If the employee is suffering from severe anxiety or stress, the same rules apply.

Can a person be fired for missing work?

These states may have laws that forbid employers from firing people for missing work if the person is missing work for a specific reason. For example, if the person has been injured, the state may forbid the employer from firing the person. Similarly, federal law forbids certain types of employment discrimination.

Can a company fire an employee for not showing up for work?

When an employee doesn’t show up for work, the employer is often placed in a difficult position. While the employee may be reliable, a failure to show up jeopardizes the efficiency of the company. The employee may therefore wish to fire the employee. In most cases, this is perfectly legal.

Can a employer fire me because I had a work-related injury?

Most states require that employers carry workers’ compensation insurance. Depending on where you live and the particular situation, however, some states allow an employer to terminate your employment if you are out on workers’ compensation for a work-related illness or injury.

Can a company fire you for seeking treatment?

If your employer fires you for seeking treatment, you may file discrimination charges against your employer. ADA regulations only apply to government agencies and companies with fifteen employees or more.