Legal Question in Employment Law in California
Fired for use of sick/ personal/ vacation time & unemployment.
After 10 months of salaried employment, I was terminated for using a sick/personal day. The employer states that we are allowed up to 15 days of sick, personal, or vacation days off per year and I had not used any for the current year.
I took an unscheduled day off (sick/personal), but called in before work to notify my employer that I was doing so. The following day when I arrived at work I was terminated because the leave was not scheduled. I understand that I am an at-will employee, but can I be terminated for using my accrued sick/personal/vacation time?
The employer is also fighting my unemployment claim, stating that I had been assigned to work at that time and by not showing up was insubordinate. Is this possible when using a sick/personal day?
2 Answers from Attorneys
Re: Fired for use of sick/ personal/ vacation time & unemployment.
Appears ridiculous. Need more info to provide some ideas for you. At the minimum you need to fight this by filing claim with labor board. Also fight the unemployment denial if it is denied. Based on info provided, on appeal, you should receive it. Call to discuss.
Re: Fired for use of sick/ personal/ vacation time & unemployment.
Based upon what you write, this is not insubordination and you should have no problem getting unemployment benefits.
However, as an at-will employee, you can be fired, even for no reason. To be wrongful, you would have to prove you were fired for an illegal reason. You have not stated the basis to reach that conclusion in your facts.
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