How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Allen M., Esq. Your Own Question

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15596
Experience:  Employment/Labor Law Litigation
20011183
Type Your Employment Law Question Here...
Allen M., Esq. is online now
A new question is answered every 9 seconds

Hello, I had started a job at John Deere for Volt Services,

Resolved Question:

Hello, I had started a job at John Deere for Volt Services, Inc. as a Quality Engineer. I worked two weeks and was off for medical that kept me off of work for 3 weeks. I went back to work, everything was going well. My wife was scheduled for surgery coming up at the end of July, I sent an email to my supervisor, plant representative and to the Volt Management person for John Deere asking for two weeks off so that I could be with and help my wife through this trying time. I asked two weeks in advance of the date I wanted off. I did not get a response from anyone. One week before I was to take off, Volt sent me an email letting me know that my contract was extended for 14 months. I acknowledged this and again asked for the two weeks off. Again no response. When time came, I sent a notice to management again letting them know when I was intending to return. My wife had her surgery and when the worst was over, I was ready to return to work which was shorter than the two weeks I had expected. On the friday before I was going to return to work, I received an email stating that I had been terminated from my position. The next Monday I registered for unemployment, Volt denied my benefits and the State of Illinois agreed with me about my termination and awarded my the unemployment benefits. My question is that if Deere was okay with me to extend my contract with the knowledge of my two weeks leave for my wife, Volt terminated me for absenteeism, when they knew that I wanted off, but did not respond. I believe I should be paid for the extent of the contract from them. Fourteen months, several overtime saturdays at $35 per hour of which was my pay during my contract with them. I want to know if this is something I should persue?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 2 years ago.
Thank you for using Just Answer. Between my law practice and other law related jobs, I have over 13 years experience. I look forward to assisting you.

I'm sorry to hear about your situation and I'm glad that you got unemployment here. That being said, unemployment agreeing with you about your termination does not mean that you have a wrongful termination claim. There are two very different standards at play here.

Knowing that you wanted off and approving that time off are not the same thing, in a wrongful termination context. If the contract that was extended with them did not say that you could only be terminated for cause, they would have the ability to terminate without cause...so you'd have no wrongful termination claim. Even if the contract did state that you could only be terminated for cause, absenteeism is generally found to be cause.

You weren't there long enough to be covered by the FMLA, so it can't be that sort of claim.

Based on these facts, I do not see that you have anything to pursue here.

Even assuming that I'm wrong (and I do not think that is true), you wouldn't be able to sue for the entire amount of the contract. Rather, you'd be able to sue for the difference between what you would have gotten on the contract and what you get from another job. You'd have to be attempting to find other work or you'd be subject to a defense called 'failing to mitigate damages.' So, knowing this, that really reduces the potential award here, even if you could fashion a wrongful termination claim...which I don't see here.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15596
Experience: Employment/Labor Law Litigation
Allen M., Esq. and other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.