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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I'm on call, I have a close family member in the hospital

Customer Question

I'm on call, I have a close family member in the hospital with cancer and had spoken to my supervisor that I would be out of town spending time with family. I am being harassed by the company for not coming in to work on ac units and now being threatened with punishment because I habe been unavailable. I would like to know what my legal options are regarding this issue if I lose my job over it.
Submitted: 4 months ago.
Category: Legal
Expert:  Phillips Esq. replied 4 months ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I will be assisting you today with your post. I am sorry to read about your difficulties. I am preparing my response to you and I will post it very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 4 months ago.

Are you an employee at will or do you have an employment contract that provides under what circumstances that you could be terminated?

Expert:  Phillips Esq. replied 4 months ago.

What is your relationship to this family member?

Have you requested for family leave to be with this family member?

Customer: replied 4 months ago.
I believe in under contract, I work for them 40 hours a week and I'm passed my hire probation period.
Customer: replied 4 months ago.
My uncle, he's also like my older brother to me and no I did not request leave on account of its my days off. However I did speak to my supervisor about being with family this weekend once on Wednesday and again on Friday (3rd, and 5th of August 2016) and they're acting like they didn't know and threatening to write me up and or worse
Customer: replied 4 months ago.
I was raised by my Grandfather and uncle, we're close
Expert:  Phillips Esq. replied 4 months ago.

Thank you for the information. However, passing your" hire probation" does not make the job a contract. You must have signed an employment agreement in order for you no to be employee at will. Kindly clarify.

Also, in order to be eligible for FMLA, your employer must have 50 or more employees and your must have worked for the employer for 12 months or more. You can only take FMLA to take care of yourself, your spouse, child or parent. Unfortunately, uncles, aunts, brothers, and sisters are not included. So much for the "family value mantra."

I look forward to your response.

Customer: replied 4 months ago.
I signed so many documents when I got hired I don't even remember what I signed, I will get that information by later today if not tomorrow. I appreciate your time.
Expert:  Phillips Esq. replied 4 months ago.

Okay. Thank you! The information would make a difference on your rights.

If you have a contract, the employer can only terminate you following the procedure in your contract. Otherwise, you would have a wrongful termination/breach of contract case against the employer. However, if there is no contract, you are considered an employee at will and the employer can terminate you for any reason or for no reason at all so long as the the reason for termination is not based on any one of the prohibited grounds such as your race, age (40 and over), gender, national origin, disability or the like.

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