2 wks paid vacation built up. I told unit manager that I needed a Wednesday ,Thursday ,and Friday off to put me down for vacation days. Due to weather the following week I called in for Monday and Tuesday and I was informed when I called Tuesday that I had 3 days no call no show for the previous week and that was considered voluntarily quit..... then the following week they paid me out for my weeks vacation and my personal holiday as well!!! My question to you is, if I quit then why would I be paid a wks vacation pay plus a personal day the wk after they proclaimed that I had quit!! This is a multi million dollar cooperation out of lexington tn.... please get back with me asap!! Sincerely, Alvin Renfroe
Unfortunately, the question you post is a legal question that we can answer for you. I do not see anything unlawful in the facts that you provide. However, there may be other facts that are important to accessing whether your employer acted unlawfully. As such, you may want to consult with an experienced employment attorney if you want to pursue this matter.
I recommend that you apply for unemployment benefits as soon as possible. As part of that process, you will be able to get a better idea of what the employer is saying. It might be that your request for vacation was not approved and, if so, you were expected to report for those three days. If the policy is that you must report for work or to call in each day, and you did not, then the employer may rely on its no call, no show policy.
Tennessee is an employment at will State. Your employer can fire you for a good reason a bad reason, or no reason at all, as long they do not violate federal employment law, If you have an employment contract that can also change things. An employment contract can be created by things like an employee handbook, or policy and procedure statements.
Nothing that you stated violates federal employment law (discrimination based on race, religion, national origin, gender, handicap) The question is whether you have an employment contract.
Labeling your termination a voluntary quit, may make you ineligible for unemployment benefits. It could also benefit you when the employer receives a request from a potential new employer.
