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-   -   Would this be Wrongful Termination? (https://www.askmehelpdesk.com/showthread.php?t=424841)

  • Dec 14, 2009, 01:13 AM
    Arisato
    Would this be Wrongful Termination?
    Well, about a month ago I was fired from my Job as a Server at Applebees.

    Linda, who is the GM, fired me on Veteran's Day because I was not sure if I was going to be able to come in to work at 11AM.


    So here's the details...

    From the get go, I told Linda that I was responsible for taking my brother back and forth to work Monday-Friday so I could only work the lunch shifts. And on the weekends I'm able to work whatever shift she gives me. I also informed her that my soon to be Sister-in-law is pregnant and that I have to take her to her doctor's appointments when they occur. She gladly agreed and was surprised that I cared so much for my family. As you may have noticed either my brother or sister-in-law have driver's licenses.

    Well, on Veteran's Day, I took my brother to work as usual at 7am. When I came home I talked to my Mom briefly then my Sister-In-law asked me to come to her room. She told me that she was hurting, having back pains and that it comes every so often. I timed it and it ended up being 5 minutes apart and she was due December 8th (Veteran's Day being November 11th). We assumed that it was false labor but I told her to call the doctor anyway. The doctor told us to just come on up there. So we did. Now with it being Veteran's Day, Applebees was to open at 10am.

    It was about 8:30am when we got to the doctor's office. And at about 9:15am we were taken back and the doctor checked her. She was already dialated 3-4cm and was in labor. The hospital was right up the road and the doctor told us to take her up there. Well, we informed the family and they were trying to get off work to come up there. It would take some time of course. I waited to to absolute last minute to call Linda and inform her. (Wasn't allowed to use the phone in the doctor's office) So I called her on the way to the hospital to explain what was going on.

    I said, "Linda, I don't think I'm going to be able to make it in at 10." She asked me why and I was explaining to her that my sister-in-law was going in labor. Linda then told me that she could not understand why I had to sit at the doctor's office with her seeings how she is not "Immediate Family" and that my brother needed to be there instead of me. I agreed with her but my brother was working 2 hours away. Then I told Linda that I needed to at least stay with her until one of the grandmother's arrived. I was not letting her sit by herself in labor, that's just ridiculous, she's like my real sister. Linda then said well, if you're not here at 11am then I don't have a job for you anymore and hung up the phone.

    Sorry for the long post but I thought you should know all of the facts. So... would that be considered Wrongful Termination even under the At-Will Employment?
  • Dec 14, 2009, 06:32 AM
    excon

    Hello A:

    I didn't read you long post because those details don't matter. If you were not a member of a union, don't have an employment contract, or you're not a member of a protected class of workers, your employer can fire you for ANY reason whatsoever, or for NO reason at all.

    excon
  • Dec 14, 2009, 07:36 AM
    ScottGem

    I agree with excon. But I did read it and I'm not sure how you can even think this is wrongful termination.

    While it may have been arbitrary and mean on Linda's part, its not wrongful.
  • Dec 14, 2009, 06:11 PM
    twinkiedooter

    I don't feel this is a wrongful termination. Your personal life should not interfer with you showing up at work on time when you are supposed to be there. Your chauffering around your relatives is your choice to make and to do - not your employer's choice. You seem to think that you were wrongfully terminated. I can't figure out just why you would think that. Pregnant ladies, brothers who have no driver's licenses, etc. are not good, viable excuses. If the manager decided to give you an ultimatum, that was her decision to do so. She needs someone who is responsible enough to be reliable and show up at work when they are supposed to be.
  • Dec 14, 2009, 07:07 PM
    Fr_Chuck

    It was mean, and it was hard, but it is common. Work places only care about when you can be at work, Most likely they were not happy you could not work at other times because of family. *** and could have fired you just for that*** But on a busy day perhaps, and calling in, they needed you and fairly well told you to come in, you refused.

    Now normally you would have received a written warning about this, **unless you already got them before, but they can also merely fire you if they want to.
  • Dec 15, 2009, 01:30 AM
    Arisato

    Thanks for the answers, and I did not think this was wrongful termination, but I was not 100% sure. So that's why I asked. I guess the work place doesn't care about Family Emergency's anymore.

    @Chuck - I didn't refuse to come in, I told her I'd have to be in later than 10am. As soon as another family member showed up.

    Anyhow, thanks again.

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