How can I be fired for being AWOL if my leave was approved?

Get Legal Help Today

 Secured with SHA-256 Encryption

How can I be fired for being AWOL if my leave was approved?

I worked for the Dept of Veterans Affairs as a firefighter on a non-traditional schedule. My drill periods with the Marines overlap with my work schedule. I had put in for military leave for periods of active drills at the beginning of the year. I put in for 12 hours of military leave leading up to my drill period, to allow for travel from work to base. These leave requests were all approved by my supervisors. Later, I was charged AWOL because I was not actively drilling during all periods of my military leave and was terminated.

Asked on July 29, 2011 Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your leave requests from your former job as a fire fighter with the Department of Veterans Affairs were approved in writing from your immediate supervisor because you have a second job with the marines and needed time off from your primary job to travel to your marine company and do military exercises, it does not seem realistic to be terminated from your primary position because you were not doing military activities per se.

You need to meet with your former supervisor as to the actual reasons for what happened at your main job. You might consider meeting a labor attorney over what happened. There may be some laws allowing concessions for military leave for individuals who are in your situation from your primary position. Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption