• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

possible termination

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

schorup

Guest
What is the name of your state? Nevada
I work for one of the resorts in Las Vegas as a foodserver for almost four years,and recently me and my wife had a baby,also my wife has a five year old kid from previous relationship which has just started with the kindergarden.The times of kid to go to kindergarden and be picked up dont work very well with my schedule.In order for me to be in time for my job either my wifes sister or her father goes and picks her up,which today wasnt possible so I have called my immediate supervisor to let her know that I will be late for the reason that I have just explained above,at the time when I called there was nobody in office so I left the message where I clearly stated the reason of me being late.I have arrived to work two hours after my scheduled time and I was asked to report to managers office where I was informed that I`am suspended pending investigation for breaking companys attendance policy.I have tried to explain the reason again and my manager told that my explanation is not excuse.I told her that it was the family matter and I couldnt let my daughter not being picked up from kindergarden in a late afternoon hours because she is just five,she answered to me that all family problems that I might have are not company problems,and then she added wait but that is not your daughter she is your stepdaughter,which completely shocked me like I was suppose to leave five year old kid that calls me dad by herself!!!My question is who is right here and who is not?Should we sacrifice our families in the society that preaches family as a sacred thing and should I argue my termination and what kind of argument should I use to get their attention?
 


R

Ramoth

Guest
I seriously doubt that Nevada has a law that requires the employer to give you time off to transport your child to or from school. Forget about the fairness issue, or the fact that the child is 5, or whether or not she shares genes with you. What counts here is the law.

The company has a policy regarding how to call in if you will be absent or tardy. You apparently did not follow that policy. As a result, you are suspended while they "investigate". This is legal. If they find that you did not follow company policy in reporting your expected late arrival, they are within their rights to fire you for this.
 

Beth3

Senior Member
schorup, by any chance have you had any prior difficulties with regular attendance or on-time arrival at work? An employer has complete latitude in these situations (absent things that fall under the FMLA) so they can suspend you for a single instance of being late to work if they wish to but doing so would be uncommon. If this is just the latest in a series of absences/tardies, your employer's decision makes more sense.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top