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Was I wrongfully terminated? California

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  • Was I wrongfully terminated? California

    I accepted a manager position w/ a merchandising company. In my interview I was told there would be a national meeting, in New York, in April. I made arrangements for an aunt to care for my 6 year old son, for the week specified. A month into my job , the company changed the date of the meeting to the first week of june and everything changed. Bottom line, I do not have proper care for my child and explained this to my boss. he said the only acceptable reason for missing this meeting were if I or my son were sick and in the hospital. I was told it was a requirement, but never received anything in writing from the co. stating so. They are an "at will" company, and I do undestand the meaning, but, I offered to step down from my position to maintain my employment and communicated that this would never be an issue again. Could I have been offered or taken FMLA? Is it legal for them to terminate a single mom vs. keeping an employee who may miss this meeting due to illness ? When asked my boss, if he thought I should leave my 6yr old home alone for 7 days w/ a box of cereal and a carton of milk..He actually was considering it. anyway, other than un employment benefits, does this issue fall into any other category w/ the Labor Laws in California?

  • #2
    FMLA only comes into play if the company must provide it AND you qualfiy. I don't see that you qualify for the one year, 1,250 hour requirement for FLMA.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      Not to mention a lack of child care doesn't qualify anyway. Your lack of a babysitter is not the company's problem. The comment about leaving him home alone was just uncalled for. It was snide and unprofessional.

      It is perfectly legal to terminate you for missing a meeting that you were told in the interview was mandatory even if the date did at some point change. A month's notice is more than fair to make arrangements and your employer does not have to allow you to take another position to remain employed.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #4
        Agree with Elle that the employer was and had to be concerned about the business and your lack of child care was not his concern or problem.

        The employer did nothing illegal - no wrongful/illegal termination. You were not terminated for a protected by law "class" (ie age, religion, race). Sorry.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          Originally posted by ElleMD View Post
          Not to mention a lack of child care doesn't qualify anyway. Your lack of a babysitter is not the company's problem. The comment about leaving him home alone was just uncalled for. It was snide and unprofessional.

          It is perfectly legal to terminate you for missing a meeting that you were told in the interview was mandatory even if the date did at some point change. A month's notice is more than fair to make arrangements and your employer does not have to allow you to take another position to remain employed.
          I never intendended to be snide or unprofessional. I see in my question it would appear that way. The person was not allowing me to leave this conversation w/o promising to buy a plane ticket and just figure it out, so , I threw the comment out there, hoping, he would understand that I exhausted all of my possibilities and was regretful, but, could not change my circumstances. I enjoyed My job, worked hard, made a significant difference and had fun everyday

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