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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.


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