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  1. #1
    Join Date
    Dec 2012
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    3

    Default Can You Be Fired for Missing Work Due to a Family Emergency

    My question involves labor and employment law for the state of: california

    i called in to my job on a family emergency 45 minutes before my shift was not able to get ahold of my boss, i then called my place of work they said they would try and get a hold of her also, then a boss from a different site called ask what was going on and i told him that i had a family emergency and wasnt going to be able to make it in for my shift. he told me that he would take care of it and get it covered, i wasnt able to make it into work for the next 2 days made many efforts to contact my boss letting her know that i would not be in the following days, the third day once i finally got ahold of her she told me that i was in the process of being terminated with no questions asked and to bring in my last time cards. is it okay for them to deny my unemployment benifits and was i wrongfully terminated?

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Was I Wronfully Terminated

    what was the family emergency?

  3. #3
    Join Date
    Sep 2011
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    OH10
    Posts
    17,019

    Default Re: Was I Wronfully Terminated

    Nope, you failed to show up for work, repeatedly. Absent a contract or CBA you will likely be denied.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Was I Wronfully Terminated

    Unless the family emergency is covered under FMLA AND the employer knew or should have known that to be the case, then yes, you can be legally fired for missing work due to a family emergency; yes, it is legal for them to contest your unemployment (the employer does not have the power to either grant or deny benefits; only the state can do that) and no, you were not wrongfully terminated.

    FYI, there are no circumstances whatsoever in which it is illegal for an employer to contest benefits. There are situations where it is pointless to do so, but none where the law prohibits it.

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Was I Wronfully Terminated

    From what read, the medical issue lasted several days and the initial response from the company was that it was OK. ... so FMLA may attach here.

    Need to know how many employees work for the company .. FMLA does not cover all employers...

  6. #6
    Join Date
    Dec 2012
    Posts
    3

    Default Re: Was I Wronfully Terminated

    my fiance was having a misscarage and it was making me unable to think straight and unable to perform my duties.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Was I Wronfully Terminated

    from anything I can find, FMLA would not be applicable as you were not related to your girlfriend. Due to that, they could fire you if they chose to and as such, no illegal or improper termination.

    as to the unemployment; apply for it. The worst that will happen is you are denied. The best; approved.

  8. #8
    Join Date
    Jul 2012
    Posts
    479

    Default Re: Can You Be Fired for Missing Work Due to a Family Emergency

    I presume your boss doesn't have voice mail (or has some rule that you must speak with her personally?).

    Not up to employer to deny you benefits. If the employer contests benefits and state denies, you're free to appeal. (If I were you, I'd file in person with unemployment vs. online unless the online process allows you to explain in advance why you were let go (more succinctly than you did here) might help dull/blunt any argument the employer might have to the contrary down the road. I presume the employer might argue "no call, no show" even if that's wrong.)

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can You Be Fired for Missing Work Due to a Family Emergency

    j/k is correct. Fiancees are not covered dependent/beneficiaries under FMLA. The ONLY protection from termination you might have had was under FMLA.

    Therefore, it was legal for your boss to fire you for missing work, even under the circumstance.

    Now, before you shoot the messenger, that does not mean that I approve of your employer's actions or that I think he did the right thing or that I am saying you have no right to be upset about it. I don't and you do. But regardless of whether I approve or not, it was nonethless legal.

    It is not up to your boss whether you get unemployment or not. As I said above, he has a guaranteed right under the law to contest, regardless of the circumstances, just as you have a guaranteed right to file regardless of the circumstances. The state, and only the state, will decide if you qualify or not. And no, if you prevail in an unemployment claim, that does NOT mean that your termination was wrongful under the law.

    Can you tell I've answered this a few times before?

  10. #10
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Was I Wronfully Terminated

    Quote Quoting knorman
    View Post
    my fiance was having a misscarage and it was making me unable to think straight and unable to perform my duties.
    Fiance is not a family member ...

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