As an employee, there are different rules that govern your ability to take time off from work. These include federal and state laws, as well as policies that may be outlined in your employment contract.
Were you recently fired for taking a day off? Do you suspect that your termination of employment was illegal, meaning that you employer had no right to fire you for requesting time off from work? If so, you may have grounds to file a lawsuit for wrongful termination.
There are many laws that protect a worker’s rights, but unfortunately, employers often exploit the system to get rid of workers or punish them in some other way. This includes using an employee taking a day off to fire them. On the other hand, it’s possible that you, as the employee, violated certain rules that allowed the employer to terminate you.
At the end of the day, it can be challenging to figure out your rights and what you can do as a wrongfully terminated employee. To discuss your rights and the available legal options, please contact California Labor Law Employment Attorneys Group.
What Does it Mean to be Wrongfully Terminated?
Wrongful termination involves a direct violation of the laws that have to do with your employment rights. This is an important distinction, as there are cases where an employer has the right to fire you. In fact, California operates under the system of at-will employment, so your employer can pretty much fire you for just about any reason, at any time, even if there are no problems with your work performance.
On the other hand, there are conditions that prohibit the termination of employment and other negative employment actions. For example, you cannot be fired for taking time off, which you are legally entitled to, either by your employment contract or California employment laws.
Unfortunately, employers may be deceitful and use your time-off request to take away your employment. They may also try to claim that your termination was based on reasons that had to do with your performance at work, which you know to be untrue.
Do you have a case for wrongful termination against your employer? This is a question that merits further discussion and a thorough investigation by our legal team. That’s why you should call us right away and talk to a lawyer that specializes in wrongful terminations.
Taking Time Off Work – What are My Rights?
Among your employment rights, there are conditions that allow you to take time off from work. Some people need a day off or maybe just a few hours, while others need extended leave for up to several months. Here are some of the reasons that can be used to request time off from your job:
- Medical leave under the Family and Medical Leave Act or the California Family Rights Act
- Pregnancy / maternity leave
- Bonding with an infant or newly adopted child
- Military service / military family leave
- Jury duty
- Voting in an election
- Domestic violence
- Organ or bone marrow donation
- School-related activities
You may also have sick and vacation days that you are allowed to take throughout the year, and you cannot be penalized for requesting or taking this time as needed.
Your Right to a Day off Under California’s Labor Code
At this point, you may be wondering about your right to take a day off if the reason does not fit into any of the categories mentioned above. According to California’s Labor Code Section 551, employees are allowed one rest day during a work cycle of 7 days. So, your employer is legally obligated to provide you with at least one day of rest for every 7 days of work.
Please note that there is some level of flexibility with the rules, like the rest day not having to be within a period of 7 days. For example, someone that worked 12 consecutive days is entitled to 2 days off within the same month. So, it’s really a matter of ensuring that the worker has 1 day off for each work cycle of 7 days, and as long as the days fall within the same month, the employer is not in violation of the law..
Was I Fired Illegally?
The system of asking for time off can be confusing, for both the employer and employee. But as we mentioned previously, there are various circumstances that provide workers with time off, and the employer cannot retaliate against the employee by taking away their job.
It’s essential that you talk to a labor law attorney right away to determine if your employer broke the law and fired you unlawfully. Some cases may seem illegal at first, like changes in your schedule that change how many days you need to work before you have a day off. Unless there are terms prohibiting such actions in your work contract, your employer is allowed to change your work hours / shift as they see fit. This can result in changes in what day you have off and how often you can be away from work, but your employer may still be in compliance with the laws. So, if you refuse to show up for work on a day that you are scheduled to work, you may be fired with legal justification.
Due to the nuances that exist from one case to another, it’s important to talk about your situation with a wrongful termination attorney as soon as possible.
Your Right to Compensation from a Lawsuit
If you meet the qualifications for a wrongful termination claim, you can sue for monetary damages from your employer. The exact damages you receive depend on the details of your case, but overall, here are the payments that are awarded for those who were illegally terminated:
- Lost wages in the form of back and front pay
- Other forms of unpaid income, such as commissions, bonuses, overtime, and value of work-related benefits
- Pain and suffering for the emotional distress resulting from the treatment you endured from your employer
- Reinstatement of your job or a similar role (not appropriate for the vast majority of claimants)
- Punitive damages (additional compensation that may be awarded by a jury)
Contact California Labor Law Employment Attorneys Group
Workers who are dismissed unfairly may have grounds to sue their employer, but the legal system is extremely complicated when it comes to a labor law violation. With that in mind, we encourage you to contact our office 24/7, where you can be assisted by a member of our legal team.
Along with skilled and aggressive representation, we guarantee that hiring a lawyer will cost your $0 out of pocket. Under the system known as the Zero Fee Guarantee, legal fees are collected as a percentage of your settlement award, so we only get paid by winning your case.
For a detailed case review completely free of charge, please give us a call and learn how we can assist you if you are a victim of wrongful termination.
