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Is it wrongful termination for being fired for calling off due to my car broke down and wouldn't start?
Anonymous2 views1 answers
I am a cashier at a gas station/mini mart and today was the first day I have called out of work since I started six months ago. I was on my way to work when this happened so I had text my boss that I was unable to make it and that I was on my way to Fresno to get a part and that I wasn't going to have cell service so if they happen to respond I will get back to them when I do. Well 2 hrs later I get my texts and the first text stated that I either need to get to work or cover my shift, 2nd one was informing me that he is assuming I am not going to make it into work since he hadn't heard back from me and the 3rd text was informing me that I am fired. There is another employee who has taken a total of about a month off, a week here, a week there etc and didn't get fired.
Your employer has the right to terminate you for any reason or no reason as long as it is not an unlawful reason. Terminating you because your car broke down and you could not make your shift is not an unlawful reason.
Employers are also allowed to be unfair, play favorites and treat people differently as long as the different treatment isn't because you are a member of a protected class of people (for instance other employee is Caucasion and you are Hispanic and you are treated differently BECAUSE you are Hispanic). The mere fact that you may be of a different race, culture, gender, age, etc. does not itself make the unfair treatment unlawful. The different treatment must be proved to be because you are of a different race, culture, age, etc.
I am afraid you need to look for a new job. I wish you the best of luck.
Pedersen Heck McQueen, APLC is an employee rights law firm assisting employees in all Southern California counties.
