What can I do if I was terminated for being had but had my employer’s approval?

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What can I do if I was terminated for being had but had my employer’s approval?

I had to go to jail with my son for his failure previous to appear in court. I called my employee job hotline number to take time off and was approved to do so. However, I still was terminated. I was told by another employee that I can sue for wrongful termination. Is that true?

Asked on January 26, 2018 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you may be able to sue for wrongful termination in this case: while ordinarily, they could have denied you time off for this (unless you had an used paid time off you'd earned for the absence) and terminated you if you took time off anyway, the fact they told you that you could take the time off and you were relying on their statment would make this wrongful. Techically, you'd be suing based on promissory estoppel: when someone promises you something knowing that will act on that promise, with the intention that you act on it, and it is reasonable for you to rely on the promise (i.e. no reason to doubt it) and you do in fact act on the promise, the law may hold the promise enforceable. Here, there was an intention that you rely on the promise that it would not affect your job and it was reasonable for you to rely on what you were told; that may let you hold them to the promise.


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