wrongful termination-MLK

[vpv]

What is the name of your state? California


On 1/17/05, I took a day-off to celebrate Martin Luther King Jr. as a Federal holiday, without employer permission. The next day they terminated me. Employer elected to use "at-will" as cause of termination and would not disclose the real reason. Isn't this wrongful termination and discriminatory act?
I've asked employer to mitigate this by deducting the day off from my pay or vacation pay. But they would not and went ahead and decided to terminate me.

However upon review of my final paycheck, they deducted the day-off in question from my earned vacations hrs, anyway.

Is the termination illegal?

 

[Katy W.]

Am I getting this right - you are a person of color, and you are saying you were discriminated against because you didn't show up for work on Martin Luther King Day and they fired you?

Tell me that I am misunderstanding you.

 

[vpv]

No. I'm not person of color, but I'm a minority.

However, isn't it a discriminatory act for an employer to terminate an employee who's exercising his/her right under a Federally mandated holiday? Especially when the employer has accomodated it by deducting the day off from the employee's vacation pay.

Is there case similar to this?

 

[HomeGuru]

No. I'm not person of color, but I'm a minority.

**A: do you also have a minority brain too? Who in their right mind would not show up for work without employer permission?
*******

However, isn't it a discriminatory act for an employer to terminate an employee who's exercising his/her right under a Federally mandated holiday?

**A: you had no right to take a holiday. Geez, there is no discrimination here, even if you were black and a grandchild of Martin Luther King himself.
********

 

[Beth3]

However, isn't it a discriminatory act for an employer to terminate an employee who's exercising his/her right under a Federally mandated holiday? No! Federal holidays apply to FEDERAL EMPLOYEES, not to employees in the private sector. Your employer doesn't have to provide any holidays off work at all.

It doesn't matter what color or race you are. You took an unauthorized day off work and they fired you. That is completely legal. This is not remotely any form of prohibited discrimination.

Deducting the day you took off from your vacation bank is not an accommodation. It's simply a matter of company policy and has no bearing on whether they elected to terminate you.

 

[vpv]

I took an unauthorized day off previously or prior to the MLK day and they didn't fire me. They accommodate it by taking it off of my vacation earnings.
However, that sets a precedent when the employer allows and consents to an action and then reverse itself and do an opposite action with it comes to this racially sensitive Federal holiday.

They're basically saying "we're not going to fire you if you take an unauthorize day off on Jefferson's Day, but we'll fire you if you do it on MLK's Day?"!! Very inconsistent.

The white person who did the firing sees it as a race issue in the guise of an unauthorized day off and then provided a reason saying they're doing it "at-will". It is really BS from my point of view.

I may not be black nor am I granchild of MLK. But I have a reasonable belief and expectation that employers can accomodate this if they have done it in the past and if it does not affect their best interest.

 

[pattytx]

Just because they have "accommodated" you in the past does not require them to "accommodate" you every time you decide to take a day off without notice. Taking a day off without notice is just a dumb thing to do. You had been lucky in the past that they didn't fire you. You weren't so lucky this time. Consider it a lesson learned. Besides, how do you know the "white person" who fired you saw it as a "race issue"? Did they say that?

 

[vpv]

She said she doesn't believe in MLK and what he stood for...
That's how I got the clue that it wasn't just a "day off without permission" issue.

 

[pattytx]

That thought is not as unusual as you might think. That you have a different opinion does not change the fact remains that you took a day off without notice or permission.

 

[vpv]

An interesting development...

Three weeks after termination, employer sent a Release agreement which virtually says "This Agreement is not and should not be construed as an admission or statement by either party that it or any other party has acted wrongfully or unlawfully. Both parties expressly deny any wrongful or unlawful action."

They're covering their ass for their unlawful action.... Should I sign it?

 

[pattytx]

Most experts here have told you that this very likely was not an illegal action, even though you continue to insist that it is. The company is giving you an out here for a no-fault termination. You can pay an attorney to look at (have you seen an attorney?) who will tell you to the same thing we have. So, my recommendation is that you sign the statement and get on with your career.

 

[seniorjudge]

I took an unauthorized day off previously or prior to the MLK day and they didn't fire me.

Everyone seems to have missed this.

He got a second chance and screwed up.

Then he got fired.