Asked for unpaid leave and was denied by manager so I had to quit to handle family emergency. Legal recourse?

Question

Had to move as the landlord hadn't been paying his mortgage even though I had always paid him on time. His bank gave us three day notice to get out. I asked employer for a few days off and was denied but had to quit as I had to move! I am getting unemployment but it's only 50% of what I was making and we are now behind on paying rent here at the new place. None of this was my doing and I am looking for work but haven't found it yet. Both my kids are in school and I am the only supporter of the family and don't know if I have any legal recourse against this employer. Prior to this I had excellent employee reviews, raises, bonuses. The person that denied the leave was not in a position to do that per the HR department and has been reprimanded but that doesn't help me. They have since filled my position. All this happened three months ago.

Answer 1

The deadbeat here is not your employer, but the landlord and possibly the bank (did you check with an attorney to see if you got proper notice?). Your employer did nothing unlawful. Not nice, scummy, and so forth, but nothing suit worthy that I see. The general rule is that you can be fired for any reason or no reason. There are statutory exceptions to the general rule that cover things like serious health conditions, race discrimination, whistle blowing, etc. At first blush, you do not seem to fall into any of those exceptions.

You've made your decisions (taking time off to salvage your personal belongings, "quitting"). It's done. Focus on the now.

When you are finally on your feet again, look back and consider whether you could have prevented this situation in anyway. What if you had abandoned your less mobile possessions rather than your job. How would that have changed the outcome?

God forbid you ever find yourself in a similar position again, but I would have voted for abandoning any furniture you could not have retrieved outside of work hours rather than abandoning your job. I would also have made them fire you. There is no shame in being fired under the circumstances you describe. Make somebody feel like a scumbag for doing it. They might have even been denied approval. When you quit, you made it easy for them.

As for your present situation, stay in touch with your landlord, and reach out to any community organizations that might offer help. You will get through this.

Answer 2

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Answer 3

You don’t have legal recourse, unfortunately.

Meemah is dreaming – having to move is NOT an emergency that the law covers. There are laws that in many circumstances would protect your job if you took time off for medical emergencies for you or a family member and requested the time in advance, called FMLA, but not to move.

Sorry, not the answer you were hoping for I know. Good luck in finding a new job soon.

Answer 4

I appears that quitting was a drastic step maybe fueled by your own anxiety over having to move. Unfortunately the law does not recognize moving as emergency. If you collecting UB then they at least didn't fight the termination, it could have been much worse no job and no income. Keep looking your luck will change

Answer 5

You could file a claim and law suit against your former company but I don't think you would benefit much. Most employers don't consider moving because landlord didnt pay mortgage, a family emergency so they were under no obligation to grant your request.

Answer 6

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Answer 7

I think that you should speak with an attorney.

There are laws protecting employees and it is obvious that your situation is one that the law would cover.

You were forced to terminate your employment... (did you think about calling in sick?)

You could also contact the HR department and see if there are other positions in the firm that might suit you. I am sure that they would want to help you rather than have a suit on their hands.

Good Luck.

Answer 8

Try calling the National labor Relations Board. They will investigate the case and determine whether or not your case has merit.