What to do if I have been let go from my job for “abandonment”?

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What to do if I have been let go from my job for “abandonment”?

In fact, I am going on a planned vacation that was verbally approved 4 months in advance by my direct supervisor (a VP). This abandonment is said to be in light of a new policy that forbids employees to take off 2 weeks leading up to Thanksgiving. I signed the notice of this new policy after having received verbal assurance by the same VP that it would not affect my plans. I submitted the time off request to him but, as is common practice there, he did not submit it to HR. Since he didn’t, HR told me that they have no record and that if I don’t report to work on Monday, I’ll be terminated. They say it’s my choice to make. I intend to go on the trip. Do I have a case for wrongful termination?

Asked on November 17, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately, if you do not have an employment contract--and most people do not have employment contracts--you are an employee at will and may be fired at any time, for any reason--even reasons that are unfair. So without a contract, you could indeed be let go as you indicate. (If you do have a contract, review it to see what protection(s) it gives you.)


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