Can I be written up for attendance and then threatened to be fired for taking a vacation day?

UPDATED: Sep 29, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 29, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I be written up for attendance and then threatened to be fired for taking a vacation day?

I have over 2 weeks of vacation and one week of PTO. I called in sick 2 days and upon returning to work I got a write-up and a threaten to be fired if I call in again. Is this legal?

Asked on August 19, 2015 under Employment Labor Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It is certainly inappropriate. But is it legal--the answer is that unless you have a written employment agreeing specifying or limiting the grounds for which you can be disciplined or terminated, then yes, it is legal. Without a written employment agreement, you are an "employee at will" and can be discriplined or fired at any time, for any reason, even an unfair or inappropriate one--for even for no reason at all.

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption