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My husband took a personal day off yesterday from work to take a test for another job. Now he has had this personal day off that he is entitled too with pay off, on the calandar at work for at least 3 weeks now. His boss got wind of what he was doing and called him in his office today to discuss this. His boss told him the reason why he is letting him go is because he did not tell him why he was taking a personal day off. His boss did not ask when he requested that day off, foremost he doesnt have to because this is his day that he is entitled too right??? His boss told him since he was looking for another job then maybe he should look for someone to replace him. There is no guarantee that he will get this other job, that's why they had to take a test for it. What are my husband's rights and is there any where on the internet to find out what his rights are. We live in Georgia if that helps with anything. So please Yahoo friends tell me what you think and what rights we have.

2007-03-13 02:54:41 · 6 answers · asked by sweetme35 5 in Business & Finance Careers & Employment

6 answers

Your husband needs to contact the EEOC (Equal Employment Opportunity Council) you can go on line and type in a search engine. The EEOC helps against discrimination and injustices, like the one your husband is living. Oh! FYI: have him document all the meetings, events and conversations with his boss and HR. Always cover butt. Example of documentation that he can use.
EX:
To Whom IT May Concern:

I am writing to confirm the previous conversation we had on 3/13/07 in regards to my personal day. You (Boss's name) stated that you were going to terminate me due to (place the reason or comment his boss said).

As I stated on 3/13/07 that I totally disagree with your decision (this were your husband places what he stated with his conversation with his boss. Always back it up with facts).

Enclosed you'll find a copy of copy policy stating (fact)

Sincerely:

FYI: Certify the letter and that receives it.


I also suggest that he read over his companies policy manual and go directly to HR. He can also go directly to the Unemployment office and they can guide him too. An a personal day is exactly what it means. Your husband doesn't have to explain himself at all. Your husband has the right to search for a better job. I believe his boss is envious of your man. People like your husband boss really get me pissed off.

2007-03-13 03:16:04 · answer #1 · answered by Ce Ce 2 · 2 0

"Rights" in this situation are primarily defined by the policies of the current company. If the policy states that employees may take a personal day with the boss's approval, for any reason, than your husband followed the policy and there are no grounds for him to be termianted.

In terms of legal rights, an employee cannot be terminated for looking for another job while he or she is currently employed - otherwise none of us would ever be able to change jobs! In my opinion, his boss is way out of line to threaten him with termination, and if he does go through with it, your husband should file an unemployment claim and perhaps investigate other claims through your local department of fair employment and housing (DFEH).

Good luck!

2007-03-13 11:30:24 · answer #2 · answered by Mel 6 · 1 0

As far as I know, you do not have to give a reason for taking a personal day...a personal day is just that....PERSONAL. I would suggest calling the Equal Opportunities place someone mentioned. They could certainly give some helpful advice. Your husband's boss is just put out that your hubby is looking for another job. Besides he sounds like a nasty piece of work anyway...I pray all goes well with your hubby and that he gets the other job!!

2007-03-13 10:30:28 · answer #3 · answered by Anonymous · 1 0

Your husband's personal day-off is his to use whichever way he likes therefore his boss does not have grounds to dismiss him based on this. Until he's been dismissed, filed a claim against his company with the employment tribunal. One catch, you need to ensure that the dismissal letter indicates the above-mentioned reason and not others otherwise its a different scenario altogether.

2007-03-13 10:01:42 · answer #4 · answered by SGElite 7 · 1 0

Go to legal aid, they can usually help if they can, because this is totally wrong. it is illegal to fire someone for looking for another job and if it is his entitled time off it is his to use how he pleases.

2007-03-13 10:00:10 · answer #5 · answered by sxyhzleydgrl 2 · 1 0

You should definately get a lawyer, thats illegal for his employer to do that!

2007-03-13 10:00:22 · answer #6 · answered by Karen M 2 · 1 0

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