What should I do if I believe that I have been wrongfully terminated?
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What should I do if I believe that I have been wrongfully terminated?
My employer eliminated my position without telling me and fired me all within 5 days of reporting safety concerns to OSHA. we used a family emergency as an unauthorized absence.
Asked on December 29, 2017 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The problem is, if we understand your question correctly and you had an unauthorized absence for any reason, including a family emergency, then they had a legitimate reason to terminate you, regardless of whether you had reported concerns to OSHA. Since there is no legal right to miss work for a family emergency (unless you had paid time off usable this purpose, like vacation or personal days, and you properly used them), by having an unauthorized absence, you provided grounds for your termination.
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