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Old 11-18-2021, 02:36 PM
 
13,284 posts, read 8,455,196 times
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In short.
Yes he can have legal recourse.
He followed chain in receiving approval.
HR tried to unring a bell.

Course the termination reasoning would have to specifically say employee abandoned position. Did not notify.
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Old 11-18-2021, 03:04 PM
 
12,766 posts, read 18,381,699 times
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Quote:
Originally Posted by evening sun View Post
If they thought he was a valuable employee, I think they would have made him use PTO instead of firing him. He can consult a labor lawyer but if he had a better job now, why bother? He really should have booked the time off, in advance.
This 100%. Hes not as good of an employee as he thinks he is.

Also just bc he never get reprimanded doesnt mean he wasnt doing anything wrong … it means no one chose to confront him about it.

He wasnt that good & they used this to get rid of him. Why would anyone just fire a good, valuable employee like that?
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Old 11-18-2021, 04:11 PM
 
Location: U.S.A., Earth
5,511 posts, read 4,477,650 times
Reputation: 5770
Quote:
Originally Posted by Jdawg8181 View Post
This 100%. Hes not as good of an employee as he thinks he is.

Also just bc he never get reprimanded doesnt mean he wasnt doing anything wrong … it means no one chose to confront him about it.

He wasnt that good & they used this to get rid of him. Why would anyone just fire a good, valuable employee like that?
I've seen plenty of good employees get fired for lesser reasons, so if nobody confronted about those issues, they would probably also miss that he was a good, valuable employee.


Quote:
Originally Posted by Ruth4Truth View Post
So, he won in the end. Why is he unhappy, then? Being fired didn't prevent him from finding work, nor from finding a job that was better. If he ever wants to switch jobs in the future, he has the perfect answer to "why did you leave X job": a better opportunity opened up, and he grabbed it.

Is this friend someone who tends to hold grudges?
If nothing else, it's good to know what your options are in various cases of employment.

Last edited by ackmondual; 11-18-2021 at 04:36 PM..
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Old 11-18-2021, 08:19 PM
 
Location: Vermont
9,459 posts, read 5,221,264 times
Reputation: 17916
Quote:
Originally Posted by ItsRick24 View Post
TRUE story.....

Best bud had a death in his family; 26-year-old nephew passed away suddenly. The service (calling hours) are set for a specific day/time.

My buddy works (or rather, worked) second shift at his job. The day of the service, he goes in, tells his site manager that he had to leave early due to death in family - site manager says "Okay".

Four hours in, he leaves, again telling the mgr. that he had to leave. Mgr. has no objections, so he left and went to the calling hours. This was on a Thursday - my buddy's reg. days off are/were Friday & Saturday.

Saturday afternoon, he gets a call from his HR, asking why he left. Of course he explains the reason. Moreover, he told HR that he can provide name of deceased, relationship, name of funeral home handling said services, as well as time of services.

He says that HR told him: "We only accept parents, siblings, spouses and children as immediate family...not nephews, nieces, cousins!" Two hours later, he gets an email stating that he's been terminated "for unauthorized leave" - NEVER MIND that he'd spoken with his site manager prior!

He goes to HR to appeal said termination; it's a 3-day wait, he said, for HR to make a decision. on the 5th day (after not hearing anything) he makes an inquiry - HR decided to uphold his termination, "but he can come back and reapply in 12 months!"

He's now working at another job, but even with "At Will" employment, wouldn't he have legal recourse? How crazy is that?
"Bereavement leave" IS usually restricted to certain family members. Should've used personal leave. Hard to believe someone would be terminated over this.
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Old 11-19-2021, 06:32 AM
 
9,398 posts, read 8,369,560 times
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Quote:
Originally Posted by Riley. View Post
"Bereavement leave" IS usually restricted to certain family members. Should've used personal leave. Hard to believe someone would be terminated over this.
Like SOOOOO many stories here on CD, we're only hearing one side of the story in third person. I suspect there is probably a lot more to why this individual was let go than this bereavement tale.
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Old 11-19-2021, 10:20 AM
 
Location: Durham, NC
2,619 posts, read 3,150,063 times
Reputation: 3615
Quote:
Originally Posted by modest View Post
It's even more bizarre that his manager gave him the okay and then they fired him.

That's the little detail that everyone seems to be leaving out in this discussion.

It's like telling your spouse that you don't mind if they sleep with another person vis-a-vis an open relationship, but then upon finding out they did just that, you immediately file for divorce.
In some organizations, HR and department management are totally separate. HR sees a red flag when someone badges out early and investigates. They probably reprimanded the manager for allowing him to leave early.

I still haven't seen how far ahead he knew about the funeral but sometimes a service is planned quickly because of various circumstances. My dad died on a Friday and was buried on Sunday. I got the call about 2:30 at the office. I went to the supervisor and said I had to leave shortly. I finished my transactions in progress, logged out my terminal and left. Was back to work Monday.

If he knew further ahead, he should have asked earlier. If he heard night before, speaking up when coming in was his only option. Some places don't give after hours contact information for the manager.
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Old 11-19-2021, 10:51 AM
 
2,702 posts, read 2,766,167 times
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You don't wait until the last minute to announce a funeral.

Your friend screwed up.
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Old 11-19-2021, 10:55 AM
 
2,046 posts, read 1,116,128 times
Reputation: 3829
Quote:
Originally Posted by jmellc View Post
In some organizations, HR and department management are totally separate. HR sees a red flag when someone badges out early and investigates. They probably reprimanded the manager for allowing him to leave early.

I still haven't seen how far ahead he knew about the funeral but sometimes a service is planned quickly because of various circumstances. My dad died on a Friday and was buried on Sunday. I got the call about 2:30 at the office. I went to the supervisor and said I had to leave shortly. I finished my transactions in progress, logged out my terminal and left. Was back to work Monday.

If he knew further ahead, he should have asked earlier. If he heard night before, speaking up when coming in was his only option. Some places don't give after hours contact information for the manager.
I think there is more to this than we are being told. Being let go after your manager says 'okay' to you taking off the rest of the day for a funeral doesn't jive with me. Short notice or not, this is not a practical approach in managing this situation. The practical approach would have been telling the employee "Sorry, no can do. We need you on the floor today".

Something is being left out.
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Old 11-19-2021, 11:10 AM
 
Location: Seattle
3,573 posts, read 2,882,281 times
Reputation: 7265
Quote:
Originally Posted by Nov3 View Post
In short.
Yes he can have legal recourse.
He followed chain in receiving approval.
HR tried to unring a bell.

Course the termination reasoning would have to specifically say employee abandoned position. Did not notify.
I'm not sure what you are stating here, can you clarify?
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Old 11-19-2021, 03:45 PM
 
15,439 posts, read 7,491,963 times
Reputation: 19365
Quote:
Originally Posted by ItsRick24 View Post
I never thought of it that way. I'm sure he had to know the day/time of the services....he could have said something well in advance!

I didn't think there was any legal recourse, but he says he's working at a much better job now.
At my job, we get off for immediate family deaths. Mother father, child, grandparent, sibling. Any other death you take PTO, it's not a freebie
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