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| *Ostroff, Fair and Company>>>Law & Legal |
Is it right to be fired from an approved bereavement leave? Are there situations you can take legal action? |
My husband died (Feb. 2, 07) and I called in to my job to let them know. The human resources manager contacted and told me to let her know when I could be back. I ended up returning to work 2 weeks later. (Feb. 14, 07) I was sent home by my supervisor's boss. My supervisor told me I needed to go back home and she didn't expect me back until the beginning of the month. I went out of town and was scheduled to be back on Mar 1, 07. The HR manager called me the Friday (Feb. 23, 07) before I was getting back and told me I need to be back on Feb. 26, 07. I explained I was out of town and would be back in three days after that Monday. I also explained to her that I couldn't get a flight back in that timeframe. She told me that b/c of high call volume I needed to be back and if I wasn't I would be fired. When I got back sure enough I was. Provided you have documentation proving you recieved bereavement leave and that your supervisor extended it, yes you can file legal action. Your employer told you it was okay not to be there--it's their responsibility to ensure adequate staffing to handle the call volume, not yours. There isn't a legal protection. A company that would do that probably isn't a good place to work. I would talk to your supervisor and their boss and ask for your job back if you want it but it might be better to move on. It has been a few months so you probably already have a better job. I don't think there is anything you can do about it. Unless you had an approved leave of absence in writing. You can of course complain for illegal dismissal but what would that accomplish? I am sorry I have not been of much help. Peace and blessings! You don't say where you live, so I'll assume the US. It's legal to fire you under those circumstances. Pretty non-compassionate, but legal - you don't have grounds for legal action. In America anything can become a legal matter!! You just need to find a lawer willing to go that way. They all need the money. Wow...first, I am so sorry for your loss. Does your company have a leave policy in writing, and were you provided with any documentation before you left? (Even an email from the supervisor would suffice here.) If there is not documentation, you don't have much to go on - I'm sorry. What does the supervisor have to say about this? Have you tried to speak with her (or the supervisor's boss, who sent you home the first time?) Most places in the US are 'at will" employers, meaning that either your or the employer can end the employment relationship at any time, for any reason, with or without cause or notice. Unlike family medical leaves, bereavement leaves are administered by the individual company that offers there - there is no legal oversight or entitlement to bereavement or personal leave. Therefore, the decision to terminate you, while tacky, unsympathetic, and IMO wrong, is not technically illegal. I personally wouldn't want to work for a place that would treat a bereaved employee in this manner. |
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