Wrongful termination?
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Wrongful termination?
I was recently terminated by my director over the phone on 9/6/16 for what they consider a no-call, no-show on 9/2/16. My son had been admitted to the hospital on 8/29/16 and while in the ER I did contact the on call supervisor to let them know this and that I would not be there the next day 8/30/16. My son was discharged on 8/31/16 and after we arrived home I contacted the on call again same person to advise her on the outcome of his hospital stay and also to let her know I would not be there the following day 9/1/16 and also told her I would probably not be there 9/2/16 and proceeded to advise her that I was scheduled off that Saturday, Sunday and Monday so I’d be back the following Tuesday and I was told she would note the info and she told me if there was anything they could help with to let them know. When I got to work on Tuesday 9/6/16 I was met in the breakroom by the night shift supervisor who told me she had been instructed to tell me not to clock in for work but to go home and wait for a phone call. Later that day was when they advised me that i was terminated effective
immediately for a no call no show on Friday and that I told the on call I
Asked on September 16, 2016 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You may have a claim for wrongful termination if--but only if--
1) You had and used paid time off which you had accrued or earned, like sick or personal days, for the absence, since such PTO is part of your compensation for working, and to punish you for using it is to effectively take away some of your compensation.
2) You followed *to the letter* your employer's official call out policy, including how you did, how many days you took, how you stayed in communication, any documentation or proof you provided, etc. This is because IF they have such a policy, then it is part of the agreement pursuant to which you worked, so if you followed you side of that agreement but they did not honor their side, that may effectively breach of contract.
3) The employer is at least 50 people, you have worked there at least one year and worked at least 1,250 hours in the last 12 months, and you properly notified them you were using FMLA leave.
However, other than as the above, they could terminate you for this, because the law does not generally require employers to allow employees to take time out for family medical issues or emergecies, except and only if they use PTO or FMLA leave, or follow the official call out policy (if any--employers don't have to have a call out policy).
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