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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 15743
Experience:  Licensed Texas General Practice Attorney
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Can my employer fire me because I can not find daycare? I

Customer Question

can my employer fire me because I can not find daycare? I lost daycare for my step-son several months ago. My employer said I could let him get on & off the bus and he could sit here the 2 hours till I get off work. Then they hired a new person and for them it is a problem. There is no daycare available in this area to help. He is in K, about to be in 1st grade. This is a small town. My job performance has not suffered in anyway.
Submitted: 8 months ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 8 months ago.

Thank you for using JustAnswer.

I'm very sorry to hear about your situation. It's unfortunate when employers are unwilling to be even a little bit accommodating here. It's unethical, immoral, and illogical. But unfortunately it's not illegal. Alabama is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion.

Now your employer can't fire you because you have a child. But your employer can say that you can't leave during your work hours, etc... and that's entirely up to them. Again, I agree with you that it's unfair that they're not more accommodating, and I wish that they would be. But it's not illegal. It's still in the discretion of the employer.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 8 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 8 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 8 months ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 8 months ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 8 months ago.

Did you have any other questions before you rate this answer?

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