Fired while on vacation because someone wouldn't come in?
I am a computer programmer with a smallish company and have repeatedly had an issue that until now I have ignored other than to voice my concern to the owner who doesn't see a problem.
I have been with the company for 8.5 years and I have 4 weeks of vacation time accrued each year. When I take this vacation time my boss believes that vacation means "on-call" and I am repeatedly called in during my vacation.
This last time (today) that I was called in, I got into a heated argument with the owner about it upon which he fired me (he rescinded the firing before I could even get out the door however).
My question then... Is, can am employee be fired because they won't come in while on an approved (in writing) vacation? Or, if I return from vacation and the boss fires me for supposedly unrelated issues would that be retaliation?
I'm at the end of my rope here. 8.5 years and I feel like I'm getting the short end of the stick at every turn. Please help.
Answers (2)
As usual, Aaron's answer is the overall correct one. He's also right about the payroll implications of this activity.
You would have the right to file a complaint with the Illinois Department of Labor for back wages. They are quite helpful and have become more efficient in recent years. Unfortunately, their current policy is only one year of "lookback" wages. If nothing else, filing such a complaint could put you in a protected category and any termination could be deemed retaliatory. You should consult with an Employment lawyer before embarking on such a strategy but it's worthy of consideration.
One other practical consideration. It looks like you've tolerated this for a long time and probably griped about it for a long time. Sometimes, employments just develop an "Odd Couple" feature and go on for years, as long as nobody escalates the dispute. If you're satisfied with the nature of this employment, all things considered, you must consider the possibility that just continuing the dispute and the employment at its current personal level might actually be your best practical option. The law doesn't have a rememdy for everything in the workplace and every decision has its own cost/benefit analyis.
Good Luck.
Anthony Cameron
Quincy, IL
posted by Anthony Cameron | Aug 16, 2006 12:53 PM [EST]
Good news and bad news. Employment in Illinois is at will. This means that an employer can fire you for any reason or no reason at all (except an illegal reason.) Therefore, if his reason is that you failed to come in when called, he can fire you. However, you are entitled to your accrued vacation so it will have to be paid out if you are unable to take it. In addition, depending on a number of factors including: how many hours you are working, what you are doing, how you are paid, etc., you may be entitled to overtime compensation which can add up quickly. You should seek the advice of an employment attorney.
Aaron Maduff
posted by Aaron Maduff | Aug 16, 2006 08:57 AM [EST]
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