First of all, I'm not looking for any opninions. I'm looking for facts only. I needed to take a personal day on a day that both my manager and his boss will be out. The response was that my request was declined and I was told if I don't show up for work I'll get a warning and maybe get fired. Can they do this? Can they force me to work like this?
BTW...the only reason I requested the day of is becuase I was told that working out of another office that is convenient to waht I need to do is not acceptable since I'm the senior guy in my group. Reality is with multiple phones and e-mail...I don't need to be there.
Back to the issue...can they legally even threaten to fire me for this? What should I do?
2007-02-09 13:31:04 · 8 answers · asked by Carl G 2 in Politics & Government ➔ Law & Ethics
I'm not an attorney but this is what I know.
Depending on the state you live in - you are most likely an "at will" employee. This was something that was stated to you when you were hired. Look at your HR paperwork or your company's website to see if you have any information posted there.
What this means is they can let you go at any time for any reason with or without cause. Basically - they can lay you off, fire you, or suspend you if they want for any reason or no reason.
Now - if you are a protected class - over a certain age, usually 40, a female, pregnant, a minority or any combination they'd have a harder time doing it. If you had to take this time to go to the doctor and had a doctors note etc, they'd probably have a harder time firing you if you threatened to sue.
Is it worth the risk? That's up to you? Are you a woman, pregnant, a minority, a protected class etc? would or could you sue if you were fired? Probably not if you are an at will employee and they didn't discriminate against you.
Not exactly facts but that's what little I know about HR matters. I wouldn't risk it. HR said not to do it, I wouldn't.
2007-02-09 13:49:24 · answer #1 · answered by Anonymous · 0⤊ 0⤋
yes
they can fire you
and they do not have to give you any reason
most states are at will states
mean they can fire you at will and you can leave them at will
it's is not forcing work on you
it's is there option to accept or decline your request
hence why it's called a request and not a confirmation
if they feel ( however you may think you might not be needed ) that you must be there , then failing to show up is grounds for firing due to fail to obey your superiors
it does not matter if they both go golfing and everyone in the office knows it and it will be a slow day.....
and all you'll do all day is play solitare on the computer all day..
if you fail to report to work you are directly disobeying and order
so they can inflect any sort of penalties from verbal warning, written warning to termination
2007-02-09 14:39:38 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I agree it depends on company policy...but good luck finding something like that in the Employee Handbook!
That being said, you asked for the day off and it was declined to you. They gave you a valid reason for it. If you don't show up, you have no one to blame but yourself. If your boss is a reasonable person, maybe you can talk to him/her and get more information or suggest a compromise or something.
If all else fails, and you don't show up...I imagine they could fire you. Especially if there's no union (doesn't sound like there is one) and because, technically, you've been 'warned' about it already.
Anyway, I know from experience....lost a job in much the same way myself! :/
2007-02-09 13:49:25 · answer #3 · answered by trinity_essence_of_femininity 3 · 0⤊ 0⤋
Yes they can. I would explain to them why working out of the other office would benefit both and they should explain to you why they have such a problem with it. Maybe you can come to an understand. But know, the boss will usually always win, so be nice and diplomatic and ask for their help to solve this problem for you. Never hurts to suck up and stroking their ego's will get you what you want.
2007-02-09 13:39:03 · answer #4 · answered by Anonymous · 0⤊ 0⤋
if they know you need the day off and a request for it has been denied and you call in sick or whatever they can write you up..as for firing outright that i don't know but it could start a cycle where they are looking for the smallest reason to fire you,without saying it is because of the original request off
2007-02-09 13:54:52 · answer #5 · answered by charmel5496 6 · 0⤊ 0⤋
yes, they can fire you for that, especially if they told you that you would get a warning or fired. Fact is, Yes its legal. The feild where I work. They have you sign a contract, that you can be fired at any time, for any reason.
2007-02-09 13:40:37 · answer #6 · answered by Christina W 4 · 0⤊ 0⤋
Yes you can be fired unless your unionized. Hope you are.
2007-02-09 13:34:23 · answer #7 · answered by tiki/more 2 · 0⤊ 0⤋
it depends on the companies policies.
2007-02-09 13:35:37 · answer #8 · answered by Anonymous · 0⤊ 0⤋