How can my employer fire me for missing work to care for my sick wife when they scheduled me for mandatory 84avg wk wks,12hr swing shfts I had no time

My wife is very ill and this was disclosed to my Ops mngr who said we all have problems and compared her health to his son’s legal problems. I had required monthly meetings that I was legally required to attend which they made me reschedue over and over and if I went they took a sick day even though I returned to work. Then my Now current Ops mgr the other 3quit said he would reevalute my termination w/no response.Didnt follow company protocol finally my wife who had thousands of $worth of med.proc needed cld him he said w/a chuckle I shouldnt be telling you this but I am upholding his termina

Asked on May 27, 2009 under Employment Labor Law, Florida

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to talk to an employment lawyer in your area about this.  It is quite possible that your rights have been violated.  One place to find an attorney is our website, http://attorneypages.com

Most employment is at will, which means that the employer does not need a reason to fire you.  There are some illegal reasons for firing, but no reason at all is required.

However. There is a federal law, the Family & Maternity Leave Act ("FMLA") that grants you up to 12 weeks, without pay, to care for a family member, and you cannot lose your job for taking it.  Your employer is required, by that law, to give you notice of your right to that.  So there is a possibility that a skilled employment lawyer could help you with this.

The fact that there was a company protocol for termination might also be important.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.