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| *Vultures Knob>>>Bicycle Shop |
Is it illegal to fire someone while they are on vaction? |
I gave birth to our daughter on 1/26 and my husband called his work and told them he would take a weeks vactation (which he had 2 weeks pd for the start of the new year) and his work knew he would be taking a week off when she was born, well they called him on Wed the 31st and let him go saying that he had blown up a snowmobile that he had worked on, but that customer took it to another bike shop and that shop said it had a pinched oil line, so we dont know if in fact it was hiis fault. He has been there for 3 years and never had problems there. They get really slow in the winter time and i think they were looking for an excuse to let him go because he was one of the top paid techs there. Wed. is usually his day off during the week bc they made the guys work mandatory sat and he has switched his day off before where he use to have Tuesdays off. I spoke with my friends dad who is a manager and he said it is illegal to fire someone while they are on vaction. Under the federal leave act for families(includes births, and taking care of ailing parents)it is illegal to fire someone if they have specifically taken time off(in writing)for this purpose. It is my opinion that you should report them to the proper government agency...look in your phone book under the government agency listings. I don't think it's illegal. I mean, if the guy was an accountant and they dscovered he was embezzling while he was out for vacation, it seems like they'd have the right to fire him...I think you should consolt the employment commission in your area, as laws regarding these issues vary by state. No it is not illegal to fire someone when they are on vacation. It IS illegal to make up a false charge about poor performace. If your husband is truthfully NOT responsible for the mistake, and you can prove it, get a lawyer. File a suit for wrongful termination. Well it should be under the family leave law. IF, and IF he gave them adequate notice for the leave, and IF it was approved that he was oked to take the leave when your baby was born, then they would be liable for a wrongful termination. But it seems like its more office politics in that they are trying to link his work on an exploding snowmobile, which is more his negligence. Theyre trying to circumvent the situation and let him go. BUT if the other repair store proves it wasnt your husbands wrong doing, then an affidavit from the repair shop that explains it wasnt your husbands wrong doign would be the first thing I would get. Then its up to you, but I would say the next best move would be, take that written statement to your husbands employer and tell them this is your proof, they should reinstate your husband - and pay for time off as result of their firing him. Or you will get a lawyer and they will be sued for wrongful termination, and could or could not include their trying to indirectly temrinate because of the maternity leave that was approved which is in violation of the federal Family Leave Act, that was approved. Or you can get a lawyer to have him state that to your hubbys emplyer on your behalf. But understand, that only means they might just start looking for reasons to have him fired. Dont know what kind of state you live in,but if its an AT-Will state, they can actually terminate him for any reason. As long as its not brekaing the law, with the family leave act, or the false allegations they did fire him for. I would say, get his job back, and he can either stay and be the best worker their hoping they wont fire him. Or work their and start sending out the resume to other places. Its far easier to get a job when you have a job then when you dont. Good luck with it and congradulations to you two In most states vacation is considered compensation just like salary. If your husband was fired without taking vacation or getting paid the money he would have made had he worked during that period, the company owes him that money. Contact your state agency that handles compensation, they go by a lot of different names in different states. The State agency will get on your husband's ex-employer and make them pay. But the answer is yes, a company can fire anybody anytime (employment contracts excepted). They just have to make sure that when they fire an employee that that person has been fully paid up to the point of termination. |
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