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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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.

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