If I’m fired for taking my approved vacation time off, will I get unemployment?

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If I’m fired for taking my approved vacation time off, will I get unemployment?

My supervisor got into a motorcycle accident 5 months ago; I’ve been doing his job until he gets back. I put in my vacation 2 weeks ago; it’s for 2 months from now. He called me and said that he needs another surgery and will not be back until the fall. If I get fired for taking my approved vacation, can I get unemployment?

Asked on April 23, 2012 under Employment Labor Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Not only should you be entitled to get unemployment benefits if you get terminated form your job for taking your approved vacation time, you might also have a good factual and legal basis for a wrongful termination lawsuit.

For you to be terminated from employment simply because you elected to take your approved vacation time off at the approved time coud very well be grounds for an action against your employer (former employer). If you are terminated for taking your approved vacation, you should consult with an attorney that practices in the area of employment law over what happened.


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