Just because your boss is mad at you, does he have the right to deny you work?

Question

My husband's boss, happens to be his younger brother. They got into a fight over the weekend. The brother calls my dh yesterday morning, as he was walking out the door for work, and tells him not to come to work that day. He also added that my dh probably should find another job. Missing yesterday really messed up my dh's over time, that we were counting on for Christmas. Is what his brother did not like abuse of authority or something?? They work for a national chain store. The brother is the manager of the branch in our town. I am thinking of contacting the brother's regional manager about this.

Answer 1

You shouldn't contact anyone, but your husband should. His brother made a personal argument into a labor/workplace issue, which is unacceptable.

Now that it is one, though, your husband should pursue this like a labor/workplace issue, cutting his (former boss?) no slack:

1) He should write a formal letter to his brother's superior, outlining the circumstances (called, told not to come in, and probably should find another job) following a family argument. He should make it clear that he was never counseled on his work performance in any way.

2) Your husband should note that the timing of his brother's phone call (following the argument), coupled with no prior work-related counseling, raises a severe appearance of retaliation.

3) Your husband should respectfully request reinstatement retroactive to date of firing and that appropriate action be taken against his brother (refer to him as "Mr. _____.").

4) Close with "I would like to resolve this amicably and at the lowest possible level" and thank the regional manager for his time.

If your brother in law has a problem with this, politely remind him that he was the one that made a family argument into a labor dispute. In short, he's taking food off your table. Maybe B-I-L's boss will see the light and make sure that B-I-L is the one who's looking for other employment.

Good luck.

Answer 2

Heather, let your husband work this out. DO NOT call the branch manager. He is a big boy and needs to solve things himself. Calling a branch manager will not help your husband or your brother-in-law.
Can your B-I-L tell your husband that he doesn't need to come in? Yes. Overtime is not a guarantee. In this case, you have to forget that your husband's boss is his brother. Can your husband's boss tell him not to come in? Yes. Can your husband's boss tell him to find a new job? Yes. Is it an abuse of authority? No. He's the manager. He was doing management things.
Sounds to me like it's time for your husband to find another job (as his boss told him)
I'm really sorry

Answer 3

Your husband must be the one to contact the Regional Manager.

Make sure he has copious notes as to his job performance and his bosses behavior.

You do realize the younger brother could be fired for this! The company can be sued for this.

I'm surprised the company allowes relatives to work in the same store! You now understand why.

Answer 4

In most states it is perfectly legal. It might be against the store policy so going up the chain might work. You might be better off having him talk to HR than going to the regional manager.

Answer 5

It's best not to work for or with family for exactly that reason. I'm sure you may have some legal standing, but given the consequences I'm sure the judge would deem it necessary that your husband should find new employment if these types of situations are going to occur.

Answer 6

If the fight was over his performance at work than yes, he is able to fire him. If it is a fight over personal reasons that have nothing to do with the company at which both of them are employed, than you have a wrongful termination lawsuit, Good Luck!!!