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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19779
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I called my assistant manager on Saturday of this week

Customer Question

I called my assistant manager on Saturday of this week stating that I would not be in due to my mother being admitted to the hospital. I stated that I would be leaving to go to NC four hours away. I stated I know I will be out at least couple days. She stated fine we have things covered here. She said call me when you get there to let me know you are there ok.On Monday my phone rang I thought is was the Assisant Manager but it was the General Manager who was off on sick leave. She ask me how my mother was doing and I stated she was better and released and I will be back to work on Tuesday afternoon. I said to her I am going to call the Assistant Manager she stated she is off work today.This morning driving back from NC. I called the Asssistant Manager three times through the front desk she did not pick up. So when I got to work she ask how is my mother and stated glad everything is ok. Two hours later she ask me to come to her office. When I got there Hailey from Human Resouces was on the phone stating that I didnot communicate to management regarding when I would be returning to work. She threatened my job then ask for a Dr's note and ask me to go home until they decide what they are going to do. The company is Neiman Marcus.I stated are you kidding I gave my side of the story. Is there anything that can be done on my side.
Submitted: 1 month ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 month ago.

Hello,

Thank you for the information. Can you tell me what State you work in? Also, I assume that you do not have a term employment contract and that you are not in a union, correct?

Customer: replied 1 month ago.
The state is Virginia. Yes you are correct no term contract or union.
Customer: replied 1 month ago.
I would prefer email for mow
Expert:  Marsha411JD replied 1 month ago.

I am working on your answer now, no need for a phone consultation. That is a Site automated request you can ignore.

Expert:  Marsha411JD replied 1 month ago.

Thank you for that clarification and information. Since Virginia, like most states, is an employment "at will" state, that means that an employer has the freedom to discipline, up to and including termination, for any, or no, reason and with no notice or warning. That means that they can be as unreasonable and wrong as they deem appropriate and the employee has virtually no rights other than just tell their side of the story. The only limitations on the employer being able to take these actions is that they cannot target someone in violation of a contract or as a bias or intent to discriminate because of the employee's race, gender, national origin, age (over 40), disability, religion, pregnancy, or military service.

Please feel free to ask follow up questions if you have them. If none, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you

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