Fired during Mandatory evacuation, non-essential job

[Marseyus]

North Carolina

Ok, i believe in keeping things straight and to the point, so if you need more information, please ask.

Basically, before i bring this to an attorney's attention i was wondering if anyone thought my case had any bearing as a wrongful termination case.

The hurricane was scheduled to hit my area as a category 3 on Saturday. A mandatory evacuation was called on Friday. I was already scheduled to be off from work on Friday, I evacuated on Friday. The hurricane hit on Saturday, I returned on Sunday, the mandatory evacuation was not lifted until after normal business hours on Sunday. Due to stressful situations during the hurricane, my wife had to be taken to the doctors office by me on Monday concerning a very personal and private medical issue. When i returned on Tuesday my employer fired me. I explained why i could not make it into work during the three days that were in question, he then told me i needed to straighten out my priorities and said i was still fired. On Sunday i informed my employer of the inability to re-enter the county due to a road block by law enforcement preventing re-entry, and also to the fact that i had to go to the hospital on Monday due to the medical issue. He said we would talk on Tuesday. The talk was when he fired me, first thing Tuesday morning.

I did go to the unemployment office, 3 weeks later when they reached they're decision, they deemed it due to inclement weather and medical issues.

All of this is documented by more than just me. I have the doctors office receipt and all of the information that went along with it. Also the evacuation is documented in quite a few places. I still have the unemployment papers also.

Many people have told me that this "needs" to be brought to a court. I'm not one to sue people, but i am one to listen when quite a few trusted friends and mentors tell me something. So here i am wondering if this has any bearing or not?

 

[Zigner]

It doesn't appear that anything illegal occurred. Your recourse is to apply for unemployment as you look for a new job. It seems that you've already done that and been approved.

 

[commentator]

When you say "non-essential job" it makes me wonder if you work for a government agency? If so, you may have a union or an employees association that you can appeal this situation to. If you don't you are not going to have a case with anyone. A company can fire you for just about any reason and it is still okay. Don't waste any money on an attorney unless you want them to tell you the same thing. "Many people" may have told you you should see a lawyer, but I have found that many people do not understand just how few protections we have in the law concerning labor and employment issues. What law do you feel they may have violated by terminating you?

 

[swalsh411]

Many people have told me that this "needs" to be brought to a court.

"Many people" are usually wrong so it's a good thing you came here where (most) of the posters know what they are talking about. And even if you were illegally terminated 99.99% of the time it is settled long before it goes to trial.

 

[Mass_Shyster]

It seems to me that OP may be covered by FMLA for taking wife to hospital.

ASSUMING employer is subject to FMLA, why would this not qualify?

The FMLA permits employees to take leave on an intermittent basis or to work a reduced schedule under certain circumstances. CFR Section 203)

Intermittent/reduced schedule leave may be taken when medically necessary to care for a seriously ill family member, or because of the employee's serious health condition.

 

[Zigner]

It seems to me that OP may be covered by FMLA for taking wife to hospital.

ASSUMING employer is subject to FMLA, why would this not qualify?

A 1-time visit to the hospital does not, in and of itself, qualify for FMLA protection.

 

[cbg]

I work for a university and we have jobs broken down as essential and non-essential. It's not *only* government agencies that do that.

 

[Marseyus]

out of my hands

It's a private employer, not gov't agency or anything, a privately owned store under a large franchise name. I kinda thought it was illegal to fire someone for circumstances out of their control. Like unable to get back to work because of a law enforcement road block preventing re-entry into the county due to a state declared federal emergency and mandatory evacuation. I know it's a misdemeanor in North Carolina to stay during a mandatory evacuation, Which in turn makes it illegal. Not that it's enforced but i'm pretty sure it's on the books (you guys would know more about that, please clarify if it's not). Also on the medical issue, i read somewhere that i'm covered under some sorta statute, but only for 4 hours, it was the entire day. He did say he fired me for not showing up to work, which 2 of the days were with circumstances out of my hands, and the third was a medical emergency due to the hurricane.

Like i said, i know what everyone else has told me, but i don't wanna go contacting lawyers, and stirring up a small town, if the case bears nothing. Yea it was a raw deal, but that doesn't always means there is a law against it.

the statue is GS 14-288.12, if i'm reading it right it states that they can control the movement in and out of an area, and if i violate it it's a class 3 misdemeanor, so my employer was asking me to do something illegal, and since i refused to i was fired.

 

[ecmst12]

It's not illegal for him to fire you for not showing up for work EVEN IF it was due to circumstances out of your control. That's what unemployment is for.

 

[justalayman]

That's what unemployment is for.

or not.

If I understand the original post, OP has been denied for UI based on the termination being for cause: inclement weather and medical issues.

If it was actually for the Saturday and Sunday issue, I could see it as a possible illegal termination. I would think it would be an action against public policy. Most states don't like to see people punished for following the law.

if FMLA does not apply, I see no reason he couldn't be fired for missing Monday though/

 

[Proseguru]

Is this within the public policy exception (if NC accepts this) is the question. I don't think that it currently is. But you can always sue and argue that it should be.

I think the nail in your coffin is the fact that you did not report back to work because of your wife's medical condition -- you don't say you did not call or nothing ... so FMLA??? unknown,

You're hanging on to strings here ...

Unless you love stress, move on .... but good news, you're in NC ... one of a few notice pleading states easy for a pro se litigant to get his case to trial (assuming you survive a motion to dismiss)

 

[ecmst12]

He did not say that he was denied unemployment, it sounded to me like they approved it. If unemployment deemed the reasons for not reporting to work as unavoidable and not in the employee's control, normally they would approve the claim.

It's also not clear whether he called prior to his scheduled shifts to say that he would not be there - no-call-no-show is DEFINITELY valid grounds for termination regardless of the reasons (unless perhaps he was in a coma, but nothing in OP's situation precluded a phone call).

 

[Marseyus]

i did tell him

I did inform my employer of the medical issue that needed to be handled on Monday. No i was not denied unemployment, however i did suffer several hardships due to the loss in wages. Yes i received unemployment, but it was nowhere near what my basic bill amount was, also the medical bill was extremely high, as well as the damage from the storm. Not sure on the FMLA. I'll read more into the FMLA, but the public policy is something i've looked into, but i have a hard time find information on it.

 

[cbg]

For FMLA to apply, ALL of the following must be true:

1.) Your employer must have a minimum of 50 employees within 75 miles of your location
2.) You must have worked a minimum of 12 months for this employer.
3.) In the 12 months immediately preceding your leave, you must have worked for this employer for a minimum of 1,250 hours
4.) You or a qualified beneficiary must have a serious health condition as defined by the FMLA statute.

Did your wife have to be admitted to the hospital on this occasion? Prior to this visit, had your employer known about her medical condition?

 

[Marseyus]

FMLA doesn't apply

Less than 50 employees in the company, so nothing else really matters, so FMLA doesn't apply. So monday seems to be the day that will be in question, concerning the medical leave. It doesn't seem there is a law or statute that allows an employee any sort of protection for emergency medical leave involving immediate family if the employer has under 50 employees.