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Can i get fired or terminated during a forced leave of absence?
Anonymous3 views2 answers
on feb. 28 2012 at work my manager call me in the late afternoon and take to me in the her office and ask to leave for the day and not come to work the next day too and just wait for the HR representatives call. im assuming that my manager just forced me to take a leave of absence by my manager without a clear reason she just told me that im paid and im paid the next day too for staying home and wait for their call after a days, is this even legal? im pregnant right now and im scared that when i get a phone call and they might tell im fired. what will be my rights about this situation? i cant think of any job/performance issue about me getting a force leave of absence because im doing my job properly. i was left hanging by my manager and this force leave of absence is just scaring me.
First, congratulations on your growing family! I know this is not a time to have to worry about your job.
Just as you are baffled by your employer's reasons for putting you on leave, so too will everyone else be, just from reading your post. There are so many possibilities, and we can only speculate. Perhaps someone complained about you. Perhaps you did something against policy without knowing it was against policy. Perhaps you are being discriminated against because of your pregnancy. Perhaps you are not doing your job as well as you think. Perhaps your employer is making a huge mistake. In other words, who knows what is going on?
I know you are scared and it is very hard to take this. Unfortunately, employers do not have to be considerate or fair. And yes, you can get fired during a forced leave of absence. You can get fired at almost any time. Please look at my guide on California's at-will employment law, which should help you understand your rights in this difficult situation, as well as in the future. http://www.attorneyqna.com/legal-guides/ugc/a-short-summary-of-california-at-will-employment.
I hope things work out for you.
Rather than speculating, perhaps you could write the HR manager to inquire about the reason, estimated duration, and terms of your current involuntary leave of absence. Then you will hopefully know today, and you will have a written position from HR if legal investigation/action becomes necessary later.
