Can a employer fire you if you are unable to make it to work because of finances?
Hey,Not getting to work, it's sabotage at work and your employer can even sue you for damages, breach of contract and damage the business. What should your employer do? Pay you and another employee?The right way is to talk to the employer, to check different employment options that do not involve physical arrival at the workplace, if possible, of course.
Why does the US allow employers to fire sick employees, even those with doctor's notes?
*I am not an employment lawyer. I am an HR director. Consult a lawyer for legal advice for your situation.*Virtually all of the US has what is called "at will" employment. It means that the employee may leave anytime they wish, for any reason or no reason at all, and the employer may terminate the employment anytime they wish, for any legal reason or no reason at all. This practice is preety much non existent in any other country. If an employee is frequently absent, even if sick or for some other legit reason, while it may not seem fair to the employee, the company can fire the person (with a couple of exceptions). From the employer's side, they need someone who can be there to do the job. If someone is out a lot, the job isn't getting done. So the employer can replace the person with someone else.It is important to know that there are exceptions to all of this. Being sick (a run of the mill kind of sick, like frequent colds or the flu or seasonal allergies, etc) even though you've seen a doctor a few times doesn't count as an exception. But a chronic illness or disease under the care of a doctor (like migraines, epilepsy, cancer, fibromyalgia, etc.) may mean that the employer does need to take certain steps if certain things are true. There are a lot of "ifs" here, so it's wise to seek legal counsel to know how your situation should be handled.For serious chronic diseases, employers may have to offer what is called "Reasonable Accommodation" under the ADA (Americans with Disabilities Act). The ADA covers more than just wheelchair access. It covers certain sicknesses in certain situations which means that the employer may be required to work out alternatives with the employee and may not be allowed to fire the employee with the illness -but note this says "may not". In other situations and depending on the state you live in, if the company is of a certain minimum size and the sick employee has been there over 12 months, the employer may be required to consider "FMLA" leave protection "Family Medical Leave Act". FMLA is not just for maternity leave. It covers other major illnesses in certain circumstances. For intermittent but chronic disease, sometimes intermittent FMLA should be offered by the employer. Unfortunately, just being sick a lot means the company might need to replace you. Seek the advice of an employment lawyer if it's a more serious illness.
Can an employer fire you for joining the military?
legally no. but it can be awful tough to prove ifthey do. most states a 'right to work' states and they can let you go for any reason...except for sex, race, etc. can you believe 'militaryaffiliation or status' is NOT one of them? yes, the is a law that protects you, but if your job was gonewhen you came back, the burden of proof is ON YOU to proveyou were fired because of joining the military. that can be tough. they can say your department was realigned and your position was eliminated. they can say your department was laid off. or your position was lost because of budgetary concerns. they can say your performance was subpar, etc. i don't WANT tobelieve thre are any ofthese employers out there, but they are there. i had a neighbor whose wife was a very good medical technician, always won awards, merit payincreases, great reviews, promotedtwice. then she decided to join the air national guard, to learn a new job that would have made her more valuable to her civilian emloyer. she was gone for a total of 16 weeks. when she went back to her job, the whole tone of the office had changed. fellow techs didn't look her in the eye, were not as friendly, short with answers, didn't invite her to 'tech lunch dates'. suddenly she didn't win awards anymore despite consitant performance. first line supervisor was cold,performance review annotated things that had never been cited before, yet common place in the lab. within 6 months, she lost her job. it was so obvious to everyone that it was retaliaton for her joining he guard. but the guard could not help her noting it was tough to prove. on the bright side, she went to work for another lab, became the manager a year later, and the company she worked for bought the one that let her go. you know what they say about karma. her old office manager was let go because they ddn't need two of them (my neighbor's wife was the manager) and her old supervisor and 3 former coworkers now fell under her! she wasfair ith them, professional, but all of them left before their performance reviews came around because they feared the karma!
Can an employer fire me for cutting (not bad) at work? I’ll go in tomorrow and I’m scared because I know someone told her.
There’s no such thing as cutting work that is not bad.You pulled a no show for no good reason and then compounded the problem by not taking responsibility and calling to let them know you couldn’t come in.You caused your employer stress. You caused the other staff stress. You left staff short handed. All of these things are immature and irresponsible. If you didn’t already know that, then that may be a sign you are not ready to be employed.As for if they can fire you, this will depend on the contract you signed when you were hired, the terms of your employment, or the labour laws in your region.If you do get fired, try to learn a lesson and be better at your next job.If you don’t get fired, definitely learn a lesson. Be better. Have some respect for your employer and fellow employees. More to the point, understand that even if you are not fired, every action you take paints a picture of the kind of employee you are. You may need this employer to give you a reference when you leave. Think very carefully of the kind of reference you will get if you continue to indulge in this kind of behaviour.Good luck!
In Maine, if you give two weeks notice and the employer fires you after that, are they required to pay?
They are required to pay you for the hours that you worked.
Will employer fire you if you claim workers comp?
Firing someone in retaliation for filing a worker’s comp claim is illegal in most (if not all) states. Now if you file a false claim, that is proven to be false, might be grounds for termination, but employers need to proceed very cautiously as litigation can get very costly and it also causes their worker’s compensation insurance rates to raise significantly.So generally no, if you are hurt on the job, they have a obligation, protected by federal law, to cover that injury. However, for specific information, please consult with an attorney experiences in worker’s compensation claims. If you are terminated due to filing a claim, I would talk to an attorney and the state’s department of labor as there are serious consequences for an employer who has done so.
If you are in the National Guard, can your employer fire you?
The USERRA act does protect military members from some employment problems, but not all. I went through that with my own civilian employer. As I recall, one of the many loopholes and caveats was that it had to be for mandatory assemblies; i.e., drill weekend, deployment, etc. If it was extra duty that you volunteer for (honor guard; parades; etc.), then they don't have to give you the time. It turns out the law is a lot more complicated than I had been led to believe and there are a lot of loopholes and such to it (which I suspect contributes in no small part to the number of unemployed veterans). There are exemptions for employers and certain hoops you have to jump through in order to be protected by the law (if I'm remembering right from my own situation, I had to provide a copy of my orders within 7 days of receiving them... stuff like that). Miss a hoop and they can just fire you without much recourse. Beyond that, what they really did was put the ball in your court. If you want to fight them on a USERRA act violation then it's up to YOU to fight them -- and they're banking on the fact that you won't put out the money for lawyer and get into a long, drawn-out fight. The Guard by it's very nature has to deal with employer situations a lot; there are resources on base to help you with this. You can also contact your local EEOC office. They also deal with employment discrimination issues and a call from the EEOC can strike serious fear into an HR reps heart. Best wishes.
Can an employer fire you for not agreeing with their political agenda? Not openly resisting with the agenda, but for declining to promote their agenda, such as hiring for gender/race diversity.
“Can an employer fire you for not agreeing with their political agenda? Not openly resisting with the agenda, but for declining to promote their agenda, such as hiring for gender/race diversity.”Error.You have misstated the situation in order to try to manipulate the answer you want.This is NOT a case where you are just VOICING a different political opinion. Nor is is a case where your employer is necessarily pushing a personal political agenda.It is a case where for logical business reasons (which do include public image), your employer has directed you to make decisions in the best interests of the company (i.e. to have a diverse workforce), and you have refused to carry out that business policy for YOUR OWN political reasons.And yes, absolutely an employer can fire you for refusing to follow the companies legal business decisions.For that matter, if all there is to it is that you constantly GRIPE about their business practices, without more directly sabotaging them, they can send you off, and would be right to do so. Undermining company moral is a fireable offense.Frankly, your question reads as though you want to push your own political agenda entirely at your employer’s expense, while blaming your employer for your doing so.What’s really ironic, is that the most likely principle that you think you are fighting for, which is that a company should be able to hire who they think is best for the task, is what you are with this, actively trying to overturn.You want the government to force your company to keep you, even though you don’t support their policies and goals.