Could my husband get fired for calling to working and saying that he couldn’t go to work because I was in the hospital sick?

UPDATED: Oct 1, 2022

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Could my husband get fired for calling to working and saying that he couldn’t go to work because I was in the hospital sick?

My husband called in to work letting them know that he couldn’t go in to work because his Wife me was in the hospital. And when he went back to work they told him he only had this week to work and that they were going to laid him off, including 2 more guys. Just because he didn’t showed up to work on that day when he called in. Now is that right? I was having chest pains and he still needed to go to work. What kind of job is that?

Asked on October 4, 2017 under Employment Labor Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unless your husband has available PTO (i.e. sick and/or vaction time) to cover his absence, then he could be fired for a no-show. Even if it is due to a family member being hospitalized. The fact is that without protection under the terms of a union agreement or employment contract, his employer can set the codntions of work much as it sees fit. This true absent some form of legally actionable discrimination, which does not appear to be the case in this sutuation.

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