Legal Question in Employment Law in Massachusetts
Fired from job.
I was recently fired from my job. My son got a nail in his foot so i had to take 2 days out from work. When i went back on wednesday i was fired. I still have 7 vacation days left for this year.Is this legal? Also when i arrived at work 2 people told me that i was going to be fired even before the operations manager told me. Is this legal?
2 Answers from Attorneys
Re: Fired from job.
It depends. If you are in a union, you can grieve. Need to provide child care does not qualify as gender based discrimination. However, it may require your employer to give you family leave if there are a sufficient number of employees in your company (50 atleast). YOu can contact the Federal Department of Labor to learn your rights under the Family and Medical Leave Act
Re: Fired from job.
You can be fired at any time for any reason or no reason at all. The only exception is if it's discrimination or if it violates a public policy. You mention nothing in your post to suggest that the decision to terminate you was based on race, religion, sex, age, sexual orientation, etc. That your child got a nail in his foot and you had to attend to him, while it should not be a reason for termination, it can be - why? Because you can be fired at any time for any reason or no reason at all.
Depending on the number of employees at your work, you might be entitled to leave under the Family Medical Leave Act - but as I understand your post, you were only gone for part of a day.
Also, while it might be in bad taste that others knew of your firing before you did, it's not unlawful.