Legal Question in Employment Law in New York

Lost job because I was out for a death in family

Is it legal to get fired for a death in family? I called my job and told them my grandma died and I took 3 days when I went back they fired me. What can I do, pls help!


Asked on 7/02/09, 7:03 pm

1 Answer from Attorneys

Randall Brett Law Office of Randall P. Brett

Re: Lost job because I was out for a death in family

An employer is not required to give you time off to attend a funeral, although most will if the death was of a close family member. However, if the employer has a formal policy of granting personal time off for situation such as this, and did not allow you to benefit from the policy, you may have a cause of action. In any event, if you were already on probation for excessive absences (you don't say you were but I'm only raising this point to clarify matters), the employer may be justified in denying you additional time off. You should consult with an employment attorney familiar with these issues to discuss the specific facts of the situation and your rights and responsibilities. Feel free to call my office for a consultation.

Read more
Answered on 7/03/09, 12:51 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in New York