Does my husband’s boss have a right to fire him?

UPDATED: Sep 30, 2022

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Does my husband’s boss have a right to fire him?

My husband has been with a company for 4 years. He has told his boss that he will need off work November 25th and 26th in order to go to a wedding that he is the best man in. He boss, who does not have an attendence policy, says that she will fire him

if he takes off work those 2 days. Keep in mind he told her in August that he will need off for the wedding. Is she in the right or wrong?

Asked on September 27, 2016 under Employment Labor Law, West Virginia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unfortunately, unless his treatement contitutes some form of legally actionable discrimination or violates the terms of an employment contract or union agreement, it is legal. The fact is that in an "at will" work arrangement, a company can set the conditions of employment much as it sees fit. This includes reneging on already approved time off. Possibly he could try and ask for reimbursement of any out of pocket expenses (i.e. airplane tickets, hotel deposit, etc.) but he could be terminated for doing so. In fact, an employee can be discharged for any reason or no reasonat all, with or without notice.

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.

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