Malingering: Yes, It May Get You Fired

A recent submission in an advice column on Boston.com struck my eye and the scenario should be no surprise to the modern worker. A Massachusetts at-will worker decides to take a "mental health day" and calls in sick, despite the fact that he is not actually sick. He then meets some of his friends at his favorite lunch spot. His manager however, spots him at lunch and fires him the next day for abusing the company's sick leave policy. Is this termination legal?

In just about all cases, the answer is yes. The employee not only lied to his employer about being sick, but also exercised poor judgment in dining at a venue where his manager might spot him. Unless the employee can argue that the employer's decision to terminate him was based not on his malingering, but rather on his membership in a protected class, then the employer was well within its rights to let him go – i.e. this has happened before and you always let the female employees get away with it.