I was sick last week Friday and didn't go to work, but I texted my employer.
I went to the emergency room & found out that I had bronchitis. I then texted my employer Monday morning informing him that I couldn't work on Monday because I was very ill. The same night I emailed him again saying that I wouldn't be going to work on Tuesday as well & sorry for the inconvenience caused because of my illness. However, on Wednesday morning, because I felt a little better, I decided to go to work.
I was then told by my employer that I was terminated effective immediately because I didn't inform him that I wouldn't be coming to work on Monday. I showed him the text but realized that I text my aunt instead. I was sick and I was not 100% myself. I did give him a doctor's note for me to be off for 7 days.
He can terminate you, therefore there is nothing to sue for. In this state, at-will employment is the default. In other words, he can terminate you for absolutely no reason, and having the reason that you didn't call him (even by mistake) is not necessary but is valid. This country has very few protections for workers. Mistakenly texting your aunt your absence note is not one of them.
It depends.
Did you have an employee handbook that specified a sick/absence policy? If so, what was it?
What specifically did you provide to your employer in your texts or other communications prior to being told you were terminated?
Did you give your employer the doctor's note before or after you were terminated?
Did your company employ least 50 employees working within 75 miles of your office?
Prior to being fired, had you been employed for at least one year and worked at least 1,250 hours during the 12 months immediately before the date of your illness?
These are the questions that an experienced employment law attorney would need to have answers to, in order to be able to let you know whether you have a claim for wrongful termination. I encourage you to find an attorney to help you.
Good luck.
I will assume you are an "at will" employee. With no other facts than as stated, it does not appear that you have any legal recourse. Having said that, exploring this carefully with an experienced employment attorney may lead you to disclose important information you did not think was significant. A legal consult will be revealing. You may not have a case, but at least you will know you have done all you could to protect your rights.
