What can I do if I am fired?

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What can I do if I am fired?

I put in for a day off a month in advanced for my daughter graduation. My boss even had the day wrote down on the calender.Now that the day is approaching my boss said I cant have the day off. I told him I would come in just let me off early. He said he don’t know. If I go I could be fired.

Asked on June 18, 2009 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Is there some document or writing--an employment contract, a collective bargaining/union contract, and employee handbook--which states that employees may take days off on their own discretion (as long as they have the days)? If so, your boss will need to honor it.

However, if there is no policy guaranteeing you the right to choose your days off, then companies can tell employees that a given day or week off doesn't work for them--and especially in this economic climate, there's a lot of sympathy for businesses trying to manage their workforce and workflow by managing when employees take days off.

Companies have to allow employees to use their time off sometime during the year--they can't prevent employees from using vacation days so they then lose them--but that's the main constraint. You best bet is to work with your boss to alleviate the concerns. If he's worried about getting enough work done, maybe work extra hours or on the weekend the week before or after. If he's worried about phone coverage, could you possible coordinate with other employees to make sure the phones are covered? Etc.--try to show your boss that your taking the time will not impact work.


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