Can my husband be fired?

Question

So, my hub works as a social worker for a foster parent agency and he just started culinary school. His company has a policy that says that he has to have corporate approval before starting school. He spoke with his boss and she said it would be fine for him to go to culinary school. Well, now according to his boss, corporate says it isn't okay and he now has until Nov. 30 to find a new job or he will be fired. Can they do this? His school schedule does not interfere with his work schedule and his boss said it would be okay. My husband would have never joined this $46,000 program if he thought he would lose his job over it.

I live in Tennessee

Answer 1

Unless he got it in writing from the boss, he could be terminated

Answer 2

If it is listed in the company policies then yeah they could I would have you husband contacts his bosses, boss, and talk with him/her and explain why he began taking classes and then point out that he would not have had he been told he could not. This is a mix up and I do not see how they can force him to act or be a certain way when he is not on the clock, and within his rights to take a class in culinary arts. This is unfair and not right but that still does not mean he can not be fired for it. I myself say it violates his freedom of expression and his pursuit of happiness. I would think any business worth working for would be fine with what he is doing as long as it is done off the clock and will in no way interfere with his job or job performance. Heck he maybe able to find a better place to work with more money for his experience if nothing else, that will allow him to go to school. They sound like a bunch of jackasses to me.

Answer 3

You did not say what state and it does vary from state to state.
There is no Constitutional right to employment in this country and unless he is a member of a protected class and can establish the reason being given for his dismissal is a "pretext" for a violation of some civil right then the long and short of it sounds like there is a contract which they are contending he has violated and this may be considered "good cause". Was quiting school not an offered alternative?
I would suggest he try to get a free consultation with a good labor lawyer and see what if any suggestions s/he might have.

Answer 4

He needed to get it in writing from corporate. Apparently his boss is not the final authority for this situation.
Yes, they can fire him if it is clearly stated in their employee guidelines that this is grounds for termination. He needs to contact the corporate office directly and explain the situation, with back up from his boss.
Can he get a refund or partial refund from the culinary school?Or maybe it's time to find another job while pursuing his dream of culinary school!

Answer 5

1) That company has nutty rules, and he'd probably be lucky to leave it.

2) Companies have the right to make nutty rules, and fire you if you don't follow them. That's why they can make restaurant workers wear "flair" pins. ((See the film "Office Space"))

3) His boss speaks for the company. His boss sounds like he or she decided to give your husband an "exception" to their crazy azzed rule. To me, it sounds like the company has spoken. Hubby gets an exception to the rule. I don't think they can turn around and fire him for that.

4) However most states allow the termination of employees "for no reason at all". Unless you can find a race, religion, gender, etc angle on this, I think this rule (4) will prevail here.

But is that so bad? After all, look at my first comment (1)!

BTW: Be careful which culinary school you use.
See: http://www.sfweekly.com/2007-06-06/news/burnt-chefs
(yikes)

Answer 6

He should write an email to his boss that said it was ok to go to school. He might get a response saying "I thought it was ok" Or "I'm sorry, i was wrong about the rules" Try to get any response to prove that he was given the ok so it can be taken to the labor board or even a labor lawyer. Try to catch them in the act if you know what I mean?
He actually should have gotten it in writing, bt if it doesnt interfere with work, what is their problem. He is not in a trap to where he can never educate to get a better job. They are a disabler then.

Answer 7

My employer has a policy that prohibits employees from taking second jobs without prior approval, so such policies are legal. If your husband has something in writing from his boss approving his enrollment he may have a case, but otherwise he is probably out of luck. Lousy way to treat him though.

Answer 8

No way. Even if corporate says he can't his boss should have known better. If worse comes to worse he can sue the company. He didn't try to hide anything, but was up front and asked his only sorce of information, his direct supervisor. How could he know his boss didn't check with headquarters?

Answer 9

Having been in supervision I too could have fired him for the comparable motives. Am no longer a spouse yet a husband. could decide to think of that my spouse could additionally factor with me. As a supervisor a individual has a criminal duty to the enterprise they artwork for. they're paid a income to make certain that those regulations are observed. If no longer ? Then they to are project to loosing their employment.

Answer 10

Talk to HR and find out the reasoning or if there is any flexibility.

You say theier is no conflict with work, what is their feeling and why?

Maybe there is a misunderstanding.

At this stage, no lawyers are needed, just calm and rational heads.

Of course, as someone mentioned, if the job is "at will", they don't need a reason at all.

Answer 11

Yes verbal contracts mean nothing. Unless there was something in writing saying that yes he could go to school then he can legally be fired. Strange how a company doesn't want you to improve yourself just merely work for them for as little as they can give you. "Corporate america hell is in a corner office."