I requested and got approved in May for a thanksgiving vacation. I was out of Paid time off. When i came back a week before xmas bonuses they fired me. They said everyday i was gone counted as an unexcused absence even though it was approved, so they gave me 5. I had 4 but the rule is termination after 8. So they said I have 9. Managers confirmed my vac. a couple weeks before and said you know your out of PTO right? I said yeah that just means i wont get paid for it and he said yes. Do you think this is terms for a lawsuit?
2007-12-12 02:25:18 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You already had 4 unexcused absences! You obviously did not consider your job to be important enough to show up on time, every day, doing your best! I would have fired you before this!!
You can sue anyone, but you are not going to win. Even if by some strange twist of fate a court orders you rehired, how long do you think it will be before they find some other reason to get rid of you? You will be under a microscope, and every time you step one inch out of line, they are going to write you up and use that to fire you!
Get another job, and this time get your priorities in order. The business does not exist to provide for you, you are there to make the business better!
2007-12-12 02:43:33 · answer #1 · answered by fire4511 7 · 3⤊ 2⤋
No this is not anywhere near grounds for a lawsuit.. You are being terminated because you CHOSE to take time off. The employer can not tell you you can't take unpaid time off,or can they tie you down and hold you there, but they can fire you for taking that time.. They need employees who are there the majority of the time and seeing you already used up the allowed time which they deem legal absences, the rest of time are unauthorized time off.
YOU have no case and to be honest IF i was the employer I would have terminated you the 1st time you took off unauthorized time without a good reason and documentation as to why you took it off.. such as dr excuses, or family emergencies... Remember when you try and PLAY the system you will always lose as you just did. YOU chose to take additional time off and they chose to fire you.. It's your own doing so accept it.
Next time be responsible in your job, and don't think you are doing a company any favors by being there when YOU feel like it.. The employer is not in business to work around your personal life.... they only are concerned if you do the job they hired you for and that includes being there...
2007-12-12 03:12:03 · answer #2 · answered by Ditka 7 · 3⤊ 1⤋
You won't win , your company has a written policy in place. It wasn't the last day of absence that got you fired it was all the others leading up to it. I'm assuming you are allotted a certain amount of paid sick leave. If you had already amassed 4 days out that you were not paid as you had already used your paid sick time then I too would consider you a problem employee and would have fired you as well...
2007-12-12 02:32:30 · answer #3 · answered by Anonymous · 3⤊ 1⤋
If you live in a state without a right to work law, you are considered an "At-Will" employee. The employer can fire you for any reason, except race, age, handicap, or gender most of the time. That being said, if you have a contract, you might have a good argument. You really need to speak to an attorney who knows the law in the state you work. Good Luck.
2007-12-12 02:31:15 · answer #4 · answered by WVAttorney 3 · 0⤊ 4⤋
Unless you have a friend that is an attorney, it would probably just end up costing you money for a case that would be extremely hard to win. The other answers before mine explain all the reasons why. Check with the labor laws in your state to be certain, but it's probably best to just find another job.
2007-12-12 02:35:35 · answer #5 · answered by momathomewith2boys 5 · 0⤊ 4⤋
Wrongful termination is tough to pursue.
Unless you had a contract, we are all "employees at will".
That means they can fire you without notice, and you can quit without notice.
Good Luck.
2007-12-12 02:31:01 · answer #6 · answered by tom p 6 · 3⤊ 0⤋
If you have written authorization for the time off you should consult an attorney. They would need solid evidence that you were approved in order to prove your case.
In the meantime atleast try for unemployment for some assistance.
2007-12-12 02:31:04 · answer #7 · answered by Anonymous · 0⤊ 4⤋
you should call your human resource office...and if that is at the building you worked in...try a district manager...its wrong..also go to the labor board
2007-12-12 02:42:02 · answer #8 · answered by bailie28 7 · 0⤊ 4⤋
You already lost your job so what do you have to lose by trying.
2007-12-12 02:35:42 · answer #9 · answered by darbygirl 4 · 0⤊ 4⤋
call the labor board
2007-12-12 02:28:51 · answer #10 · answered by Cornell is Hot! 4 · 0⤊ 4⤋