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  1. #1
    Join Date
    Mar 2005

    Default Fired for taking vacation days

    My sister was fired from her job in an at will state. She took two days off from her job as an office manager to care for her sick dogs. She had vacation in the bank, and it was common practice to call in and use it as long as it didnt intefere with other vacations. She received a call on her answering machine stating that she was fired. Can they fire you when you are using vacation you already have in the bank. it seems like she was dicriminated against for using hers like others in her office use theirs. they are now contestin her unemployment. please help

  2. #2
    Join Date
    Sep 2004

    Default Unauthorized Vacation

    It depends upon the circumstances. If they had a policy that vacations had to be cleared in advance, and she called in unexpectedly to claim vacation time, that would likely be a legitimate basis for dismissal.

    If, however, this was common practice, and they used her technical violation of a rule they don't otherwise enforce as a pretext for terminating her for an unlawful reason (such as her gender, skin color, religion, etc.), she may well have a case.

    She would likely benefit from having her situation reviewed by a plaintiff-side employment lawyer in the state where this occurred.

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