What can I do if I am fired?

UPDATED: Jun 18, 2009

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 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.

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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