What can I do

UPDATED: Sep 30, 2022

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What can I do

I was employed with this company for 7 almost 8 months and my son became ill and
he was admitted to the hospital for 5 days during November the week of
Thanksgiving, I requested a short leave of absence for my son’s recovery and the
employer said that no they couldn’t hold my position open for that long his
suggestion was look for other employment.

Asked on March 29, 2017 under Employment Labor Law, California


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

Answered 5 years ago | Contributor

Unless you had available PTO (i.e. sick or vacation days) to cover this time or you were eleigible for leave under the FMLA (Family and Medical Leave Act), you had no coverage for your absence. Accordingly, no matter what the reason, taking unexcused time off from work can lead to termination. The fact is that unless you had protection under a union agreement/employment contract or your treatment constituted some form of actionable discrimination, you could have been fired for any reason or no reason at all. Thisis known as "at will" employment.

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 AttorneyPages.com 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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