Is it wrongful termination?

Question

My brother was just fired due to missing too many days of work within a 3 month period. He and his wife just had their second baby, he is only 2 weeks old, and she is suffering from post partum depression, because of this, she throws a fit every night when he has to go to work. Well last friday she begged him not to go because the baby was crying a lot. He called his job and talked to the secretary who told him that it was no big deal because he was worried that he might get into trouble for it, he would just get what they call a "black mark" and a verbal warning. So because she told him it was alright he called out. 3 days later he was called into the office and told that he was fired for missing too many days. He explained how he would have been here if the secretary had told him that he would lose his job if he wasn't here, but since she told him really not to worry about it, it would be fine, he stayed home. He has worked for this company for 7 years

Another question I had about this, which I ran out of room to type. Can he get a doctor's note due to having to miss work because of his wife's post partum? She doesn't want anything to do with his son right now (including take care of him) Can her Doctor right a note to his work about that?

Answer 1

Is it wrongful termination? - No. He spoke with a secretary that he should have known would not know about all of his absences. Only your supervisor can normally excuse an absence.

Most states are employment "at will". As such, they can fire you for almost anything and don't need a reason.

Answer 2

Unfortunately the company was within their rights. In defense of the company it does create a hardship when a person misses a lot of work. If your brother needed time off he should have asked for family leave. The company would have been forced to OK it and his job would be safe. I'm sorry about your brother but that's just the way it is.

Answer 3

Nope, he deserved it. People are paid to be at work, not just be on the payroll. If he worked there for 7 years he certainly knew better than to take his direction from the secretary. It was not the secretaries place to tell him no, so all she did was pass along the information.

Answer 4

When you say "the secretary" is that a clerical person or an officer of the company? Perhaps he should not have relied on her word. I feel for his situation, but what is the company to do when they need work done and he doesnt show up?

Answer 5

where their warnings if no warnings then you might have a case file for unemployment tell the truth make the boss out as trying to protect him self from your brother taking maternity leave yes the dad can too most likely he will get unemployment after 2 to 4 week waiting period.
it's hard to fight these things in court.

Answer 6

It's not wrongful termination.
The Family and Medical Leave Act (FMLA) allows for taking UNPAID leave to care for a family member but you need to take some steps to get the time off BEFORE you can take the time.

Answer 7

Depending on how many employees the company has, he might have some ability to make a FMLA claim. Chances are he is too late to do so.

Answer 8

I would think that FMLA would cover something like this. He should talk to an employment attorney although he could probably collect unemployment easily in this situation and he may need to be at home right now and earn money...you don't get paid for taking FMLA.

Answer 9

corporations are not benevolent institutions. They are unaccountable, private tyrranies. Of course it was wrongful, in a moral sense. But the law seems supportive of these brutal institutions.

Answer 10

no secretary should be fired