|
|
| *Ostroff, Fair and Company>>>Law & Legal |
Would it be illegal to fire me for missing 2 days with a doctors note? Read full description please!!!? |
Ok, I work for this company and when I was hired I was basically told, come in this night and work with out any training, orientation or anything like that. I was never given a hand book or explained to me what any of the rules were for being sick or calling in or anything for that matter. I was basically just left in the dark about everything. Any way I got sick with strep throat and Called in 4 hours prior to my shift which is the right thing to do if your sick... I looked at a fellow employees hand book for that information. Now my manager is calling me saying she doesn't know if she is going to fire me or not yet. What I am getting at is, can she legally fire me without ever giving me any of that information? I know it doesn't seem right but usually when things don't seem right they usually are.... Thanks to all who respond! I think .. in a small business more than if you were in a union .. its up the the discretion of the employer... you might check with Serb... but i think its up the them what they do. What's the company? I'd be happy to do some research on their policies for you. Each state has a different set of rules regarding dismissal. For example, Colorado is a "fire-at-will" state - which means you can be fired without reason. As far as I know (without knowing your state's specific laws), I would venture to say that if you didn't sign something that gave specifics on how and when dismissal occurs, you can be fired at any time. HR employment history No, they can't.Chances are they only wanted to hire you for a short time ,then lay you off later.Shift work often has gaps,because of vacations and sick leave,yet it's too expensive to hire a permanent employee.They probably also wanted to keep you in the dark about the employee handbook,lest they get sued for firing without reason. Happened to me many times. This is a messy issue. Let's imagine it went to court. The liability would most likely fall on you. For one, they could say they gave you a handbook and it would turn into a "your word vs. theirs" thing. Even if they didn't do that, you can be blamed for not asking for a handbook when you started or not asking what the policy was for this type of situation if it should arise. In the eyes of the law ignorance of policy can not be used as an excuse. By asking this question you are implying that you know there should have been a handbook or some type of laid-out policy for you but then that begs the question of why you never asked for it from the beginning. Anyway, aside from that, most employers these days hold a provision in their contracts of employment stating that the employee may leave at any time without any prior notice therefore the employer holds the right to terminate the employee at any time without prior notice. So, they can fire you if they want. I suggest trying to amend the situation on good faith. You did call in after-all. But make sure to state that you want a handbook and to go over the sick-day policy with your boss and that you will stick to it next time this may occur. They may agree to that and move on. Good Luck! |
| Tags |
| Corporations Other - Careers & Employment Technology Marketing & Sales Law & Legal Health Care Government & Non-Profit Food Service Financial Services Administrative and Office Support |
Finance Categories--Copyright/IP Policy--Contact Webmaster |