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
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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 14 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.
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