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Can my employer legally terminate my employment if I refuse to travel to Tunisia?

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kreepyzeke

Junior Member
What is the name of your state (only U.S. law)? Massachusetts

My fiancee's sister is breastfeeding, and does not want to go to Tunisia but her employer has informed her that she will be making a trip for business despite her adversion. Her letter of employment makes no mention of travel either way, and she does not have any documented contract that I know of.

If she refuse to go, can she be terminated legally?

Are their medical reasons for her not to go that she can cite? Is breastfeeding a legal reason to prevent this trip?

What do you think?
 


pattytx

Senior Member
Probably. Reason is that there other options. Breastfeeding is not a "medical condition". How long will she be gone? Can she pump and store ahead of time?
 

justalayman

Senior Member
How long is the trip and how long does breast milk keep and can it be frozen?

How dependable is shipping from Tunisia? Many shippers like UPS, FedEx, DHL will ship around the world in a very short time. A good cooler and some dry ice and away it goes.


There are options.
 

kreepyzeke

Junior Member
OK, lets back off the breast feeding thing then since this doesn't seem to be a viable option.

What are some ways or ideas to get out of this with out getting fired?
 

pattytx

Senior Member
None, if the company decides to do that. You don't have a genneral legal right to say "no, I refuse to do that task".
 

st-kitts

Member
The employer can require her to travel as needed to perform her job as they see fit. She can suggest alternatives, which they are not under obligation to take, at least not based on the facts you have provided.

She might request going out on FMLA... A couple of snares here though, so this is not rock solid. First, she would have to meet other eligibiltiy requirements (50 employees within a 75 mile radius, one year of employment, 1250 hours worked in past year). If she is eligible, she may have exhausted her FMLA leave when the child was born. Next, leave for birth and care, or placement for adoption or foster care, must conclude within 12 months of the birth or placement. Third, leave is only available intermittently in case of birth of a child (intermittent here meaning taking leave in separate blocks of time for a single qualifying reason) with the employer's approval. The request itself, might be enough to make the employer cave, or at least ask an interesting question to their counsel. :)

So, application of the FMLA here is fuzzy at best, but she could request it and see what happens.

Or she could just find a great nanny (or use dad!) and enjoy beautiful Tunisia.
 
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justalayman

Senior Member
OK, lets back off the breast feeding thing then since this doesn't seem to be a viable option.

What are some ways or ideas to get out of this with out getting fired?
OH, it wasn't really about the mom juice.

Unless she has a contract that says she doesn't have to travel, she (and I mean this in the nicest way) is a slave to the company. They can pretty much control your entire life whether it be work related or not so:

if they say she has to go, she can say ok or no. If they want to fire her for saying no, it is within their power and rights.
 

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