If this is real, I would seek an attorney. You may have rights that have been violated. there is such thing as Emergency Family Leave..I would talk to an attorney right away.
2007-03-30 06:02:45
·
answer #1
·
answered by Anonymous
·
2⤊
3⤋
I think legally FMLA only covers you going to immediate family funerals, or people that would have been in your life as an immediate family. So if you were raised by your older sister and therefore your nephew is like a brother, he would have had to let you go.
You didn't have to miss the funeral, you could have quit and applied at Burger King or McDonald's. When you tell a manager a story like that, they will almost always sympathize with you. Personally I don't think you would get anywhere suing. BUT Arby's is a big corporation. I bet there is a 1-800 number you can call to register a compliant about your boss. You should do that!
2007-03-30 06:05:30
·
answer #2
·
answered by zeebarista 5
·
0⤊
1⤋
Okay number one, most of the people on this board are idiots who have apparently never held a job before and are making up answers as they go along. Number two, whether or not you are excused to attend the funeral of a nephew is entirely up to Arby's policies on excused absences. Number three, when you started working there you should have been informed of their absentee policy, what is accepted, what is not. Number four, if you are part time, you likely wouldn't be excused anyway, since at most companies, part timers do not get benefits, such as paid time off. Number five, if you are full-time and receiving benefits, it is likely that you would only be excused if the funeral was for an immediate family member (mom, dad, brother, sister, grandparents). So basically, you need to break out the employee handbook and see if you should have been excused from work to attend the funeral. If not, then you have no case.
2007-03-30 06:18:32
·
answer #3
·
answered by Beth 4
·
0⤊
1⤋
There is no grounds for a civil action unless Your Employee agreement allows for "personal leave" on request.
And by Employee agreement I mean the company policy. Your manager isn't the one who sets policy, he merely enforces it. He isn't under any obligation to do anything in regards your personal life (and don't mistake me, this is a personal matter. Your need to grieve and bury the dead is not his problem in any way).
You r feelings don't apply to his business. This isn't the same as you being sick - your health impacts his business. This isn't the same as your father or sister dying, your _immediate_ family arrangements may impact your availability to work if you had to care for your parent or your neices or nephews permanantly.
A death in your _seconday family_ (as anything that isn't your sibling or parent is called - and that means grandparent too! unless they are the primary caregiver in your household) is not grounds for a "greif leave".
Should you sue? No. Is your boss wrong? Technically, no.
What can you do? Suck it up.
What should you have done? Made arrangements with someone else in the store to fill your shifts for you. Don't relay on your manager to be understanding. Take initiative and do it yourself, then present him with a solution at the same time you present him with a problem. THAT is how you get promoted!
2007-03-30 06:08:21
·
answer #4
·
answered by MrDave2176 3
·
0⤊
0⤋
Yes he is wrong. With that said there is o law saying he has to let you go. However i would just go and see what happens. If he fires you or suspends you for it you can collect unemployment. Also if any action is taken against you i would go over his head and even to the local papers. A company that size would not like the bad publicity. I certainly wouldn't patronize a business that is uncaring and disrespectful of its employees.
2007-03-30 06:25:20
·
answer #5
·
answered by scotty69nh 2
·
0⤊
0⤋
Honey, in a situation like this YOU DON"T ASK, you tell them what you're gonna do. Example: You call employer, "hello, this monique I wont be coming in for the next week due to a death in the family". This is your nephew for god sake, go tell the boss you are sorry you are very distracted and uncomfortable about being at work and need to go be with your family. Sorry to hear about your nephew's passing. Blessings !
2007-03-30 06:05:06
·
answer #6
·
answered by Anonymous
·
2⤊
0⤋
Take a vacation day or trade shifts with someone.
You will receive no benefit in suing. Only huge costs and a massive amount of debt.
Jobs like Arby's are a dime a dozen.
2007-03-30 06:07:57
·
answer #7
·
answered by Anonymous
·
1⤊
0⤋
The FMLA does not cover funerals, and there is no federal law requiring time off for funerals (I'm not sure about individual state laws though.)
So you won't have grounds for a lawsuit.
Find someone to cover for your shift, let your manager know you have done this, and then go to the funeral.
If your manager has problems still, complain to the store owner or corporate franchise.
2007-03-30 06:19:44
·
answer #8
·
answered by Vegan 7
·
0⤊
0⤋
He does NOT have to let you off. A nephew is not immediate family. Problem is, why would you chose to continue to work at Arbys and not go to your own nephew's funeral?
2007-03-30 06:06:47
·
answer #9
·
answered by JORDAN 3
·
1⤊
1⤋
Go over his head to the General Manager and inform them what is going on.
2007-03-30 06:02:37
·
answer #10
·
answered by Petra 5
·
2⤊
0⤋
Call corporate and tell them the situation. If you haven't already missed the funeral, do it soon so they can hopefully over-ride your managers poor decision. If you have missed the funeral, make sure you talk to Human Resources.
2007-03-30 06:03:47
·
answer #11
·
answered by Go Bears! 6
·
1⤊
0⤋