Is this a wrongful termination or anything at all?
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Is this a wrongful termination or anything at all?
I asked my assembly manager and operations manager if I could use my vacation time as an emergency, both of them said yes it was fine. I came back to work a few hours later and the owner of the company fired me for leaving after I was already told to go home and relax for the day.
Asked on March 29, 2017 under Employment Labor Law, Indiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The fact is that most employemnt is "at will", this means that a worker can be fired for any reason or no reason at all, with or without notice. Further, an employer can set the conditions of work much as it sees fit, absent some form of legally actionable discrimination. Accordingly, while unfair, unless this action violated the terms of a union/collective bagaining agreement or employment contract, it was legal.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unfortunately, while it is wrongful in a moral or ethical sense, it is not legally wrongful unless it was done in violation of the terms of a written contract. Without a contract, you are an "employee at will"; an employee at will may be terminated at any time, for any reason at all, even unfair ones, or even without any reason other than that the employer (e.g. the owner) is annoyed or angry and wishes to fire them. An employee at will has no rights to his or her job, unfortunately.
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