Should we contact a lawyer?

So my husband got fire from work just recently because supposedly he was a no show for 3/4 days .so he added up 3 point so after that they let you go . That job has really strict policy.. but the thing is that those say they are saying he didn’t show up he was out due to having Covid. And they put him on quarantine. So he explained that to HR and now they are saying well no one notified us. (That seem like a they problem not my husband) soo after that they told my husband oh no well you also have 2 late clock in and late back to break . But he said his 100 percent sure he wasn’t late for clock in but for break he was. My question is can we contact a lawyer for wrongful termination? It seems like they are just looking for an excuse to let him go. And no his not at a will contract. I just need so advice what can we do or if there’s anything we can do. We are located in California and he worked for a wear house. Any advice we’ll be appreciate it. If there’s any lawyers here that can advice us. Tia
34 Likes

Help a mama out and respond anonymously on our forum. Should we contact a lawyer? - Mamas Uncut

Keyword unemployment

4 Likes

You can contact a lawyer.of course his company will have a lawyer too.unless its a job where he is treated really well,I’d just start looking for another job. Most company’s don’t play fair.

You should have notified his job that he had covid that would be on him for not notifying them

13 Likes

Was the communication with HR in writing? Do you have proof of the order of isolation? My son has been quarantined from school two times last time they called me to pick him up from school, i told them that i wouldn’t leave my work until they sent me something in writing. 5 minutes later the school sent me an email, i forwarded the ail to my supervisor and HR. Always keep everything in writing.

7 Likes

California is an at will employment state meaning they can fire him for any reason without warning.

17 Likes

Many states are at will employment states. Michigan is one of them. They don’t need a reason to fire anyone. I would just look into unemployment and find a place where he is more appreciated. This is the time to be looking for work, so many opportunities, and companies are desperate and paying more than they did before.

7 Likes

I don’t know. If they didn’t recieve any documents on his quarantine, or even been notified of it then they were in the right. Covid or not if you’re going to miss work you have to let them know.

5 Likes

California is an at will state.

1 Like

Did he notify his supervisor? His supervisor should have went up chain of command to notify HR. Who is “they” that put him in quarantine? His employer, but who told him he had to be out?

2 Likes

Sounds like Amazon lol this always happens

2 Likes

File for unemployment, let them duke it out.

6 Likes

I just got let go, for basically the same thing. They changed the attendance beginning the new year, however they basically said where I stood for attendance I will be fired with the new system. So they let me go on 12/20. And because they are an AT WILL employer they can fire an employee at any time. My state is at will, so I would be wasting a lawyers time if I tried. But I am getting unemployment.

6 Likes

It’s not going to help you. Just have him find other work.

Let me guess was this job walmart

Ok. First no. Says he was late for break clock in than says he wasn’t only for break clock in… Plus you say they have a strict policy and you broke them. If they were contacted correctly because of covid or w.e. the case with a note, he wouldn’t have been fired since they are so strict. HR would know. At will states such as mine. Can fire you bc they don’t need you anymore. Period. It’s at will. They do not need a reason it is happening. No lawyer you just have to move on.

4 Likes

I understand that he didn’t have an At Will Contract, but do you live in an At Will state? I live in Maryland and it’s an At Will state, meaning that an employee can quit or be terminated without notice and without reason. If you live in an At Will state, there isn’t anything you can do. If you don’t live in an At Will state, then yes, I would gather your proof (pay stubs with yours worked, proof of COVID/quarantine, and proof of notification) and contact a lawyer. Each company is different, but typically, you can not be automatically terminated. Most companies require a verbal warning, a written warning and a final warning before termination, and those are usually 3 separate incidents, unless the violation is specified in the employee handbook. I would have your husband find that and review it as well.

4 Likes

I would make sure he’s got proof of testing positive for covid and maybe talk to HR with proof in hand. It sounds like they don’t want him anymore so I’m sure even if he got back in they would just look for another reason to fire him anyways so might be best to find a new job if possible in the mean time apply for unemployment.

4 Likes

File for unemployment

3 Likes

He should have informed his job of him having COVID did he not do that ?

1 Like

He can probably apply for unemployment

They can fire you for no reason at all. You really won’t be able to do nothing. If they wanna let you go they will!

1 Like

Ca.as everyone is saying is at will employment that protects his employer.put the time and energy into helping him find another job.what would you need a lawyer for anyways?to help retain a job he isnt wanted for that would be miserable.

2 Likes

California is an at will state like Georgia.
And if fired you would not be eligible for unemployment if California’s protocol is same as Georgia’s. Js.

Don’t waist your time or money on a lawyer…he can’t help you…your husband needs to find another job and go on unemployment…

CA is an at will state.

3 Likes

Take this as a sign from God and move away from that horrible state.

2 Likes

Ca is at will. They can fire us for almost anything.
But if u have proof he was on quarantine, per drs orders, try contacting a labor lawyer.

2 Likes

Maybe contact DOH and LNI?

So he did no call, no show. It IS your husband’s responsibility to notify his job. How is that a “them” problem??? And being repeatedly late back from break is also a fireable offense. Sounds like he doesn’t have a leg to stand on.

6 Likes

If he didnt tell them he was put on quarantine due to having Covid, it is a him problem.?? My job would fire me if i didnt tell them something like that and just didnt show up for work. Thats pretty standard.

4 Likes

California is an at will state. I don’t think you’ll find a lawyer that will help you.

2 Likes

At will jobs can let you go for standing wrong. They don’t even have to have a reason. Try to get unemployment from them. You will be wasting your time and money getting a lawyer.

3 Likes

My dad was fired 10 years ago because he didn’t show up for work and the thing was…he had strep and the doctor wrote a letter to his boss explaining he needed to rrmain home til his mrds kicked in so hr wasn’t Contageous and she fired him anyway. He was offered his job back after fighting. But even now with covid the businrssrs need proif of positive and Dr request to quarebtibr or they will think ut faking or whatever. Can u prove why he wasn’t at work. Did u tell them why from thr start…that all matters. But font tell them u will get a lawyer cause then they can try finding an excuse for why they fired him kraving u with little to stand on

CA is at will state. They can fire you for any reason or no reason at all.

2 Likes

Why didn’t he inform them about him having covid?

1 Like

I’d not isn’t much you. Can do but I’d so they can fight it

Depends on Californias employment laws.

American working rights are abysmal I feel so sorry for you all

Did he let them know he had contracted COVID and needed sick leave? Let’s start from there.

1 Like

You can contact a lawyer about anything…whether or not you have a case is another matter. I believe CA is an at will state.

I would just move on. Plenty of jobs out there.

1 Like

He should have called to let them know he was sick. Or if he was too sick to call you as his wife should have notified them.

If he didn’t call in, there’s nothing you can do.

I’m shocked at how many people didn’t read the whole thing- his job knew he had covid andtold him to quarantine!!

3 Likes

Would he truly want to go back to work for a company like that? The cost of hiring a lawyer would be costly, I’d imagine… :woman_shrugging:

3 Likes

Go contact a lawyer they will let u know if it’s worth a fight or not or if u have a citizen advice bureau contact them first

In September my youngest and husband tested positive for Covid. My husband contacted his employer and told them him and his daughter tested positive for Covid. His employer told him to call back his last day of quarantine. He also had to bring in the positive test result when he returned back to work. Did your husband go about it the right way? It is his responsibility to contact his employer not the Doctor or anyone else. Can’t be penalized for having Covid but can be penalized if he didn’t go about it the right way!

File for unemployment and if they refuse to give it to him then call a lawyer so he can prove that he had covid and the lawyer should be able to help.

1 Like

Contact the Dept of Labor. They will represent you for free. File a complaint on line.

1 Like

Sounds like Amazon :joy::sob:

I live in England and even here we have to prove to our company’s we have covid by taking a PCR test which is checked in the lab even if the company has sent you home.

test

Call the labor department and see if he has any options

Sounds like my experience with Michaels and Rite Aid warehouses. Definitely talk to a lawyer and make sure hubby has all his new hire paperwork. It’s a very winnable case. If you’re in the LA area I recommend Haffner Law.

He probably won’t get the job back but he could always fight it with unemployment.

1 Like

2 word you need to look for. AtWill. If employment status is an at will eployeer nothing you can do

Apply for unemployment start lookin for a new job.

HKM Employment law. If they did this to him Im sure there are more violations. They took my case for potential class action against my former employer

It all depends on handbook and if he signed for a copy of it. Your attendance policy should be in there. Need to see if it says he must call out every day he will be absent unless placed on leave. There is a lot unknown here so I can’t say for sure unless I see a hand book.

California is a an at will state so they can prob get away with the termination for whatever reason. But it was his responsibility to inform them he was out due to Covid. (You said it was a “they problem” not a “his problem”) and if he didn’t inform hr then it is on him for the no call no show.

1 Like

NC is a reason free state which means they can fire you anytime without a reason.

Sounds like he wasn’t fired for being on covid quarantine but because he never called in. With all my previous jobs that would be considered no call no show and you would be terminated no matter what the reasoning is.

5 Likes

But…why? He has admitted to being late clocking in multiple times - and most likely not following covid protocol. He signed an employment agreement and policy handbook when he started that job and has likely violated it. You want a lawyer because he didn’t go to work on time and didnt follow policy??

5 Likes

If you provided a doctor’s note/diagnosis stating he had covid the day he got tested to HR but then got fired for Points accumulated after. I’d definitely get a lawyer. Otherwise may be a waste of money tbh.

3 Likes

So he didn’t tell them he had covid but that’s their problem? Lol This is literally the dumbest thing I’ve seen posted today.

3 Likes

You’ll have to check to see if the state he’s employed in is an at will state. If it is then unfortunately you cannot get them for wrongful termination

1 Like

As for him having covid and HR not knowing, did he not say anything to his managers about not being able to go into work? If he didn’t communicate with any managers or bother to contact HR directly then that IS a him problem

4 Likes

Tell them to piss off. Don’t want to work for a co. L
Ike that anyway cr

Have no idea on the law in your state…but here lawyers have a free first consultation…you could get the information you need

Contact a lawyer for what though, they obviously fired him and he is not a valued employee. Tell him to clock in on time and report back from break in time. He should have notified his supervisor and HR if there was something related to medical.

No lawyer needed, just a valuable lesson on adult responsibility

4 Likes

Umm, it is on him for not contacting them regarding quarantine. You can’t just not show up & blame the company.
NC is an At Will state. Good luck suing for your mistake.

2 Likes

If you have the money and time to waste on a lawyer, a warehouse job really isn’t a necessity and isn’t that important in your life… A place of employment can fire you for any reason they want, they have great lawyers and surely covered their grounds on his termination. BTW the majority of warehouse jobs are in detrimental need for employees. They aren’t firing people for no reason.

5 Likes

In my state they can fire you for ANYTHING! The one time i was fired,they tried to say i was somehow ringing up items wrong and let someone walk out without paying for something. I asked for proof and they couldn’t provide it,but they told me to re apply after a month and id be hired right back. Lol. As if i wanted to go back. Was treated awful. They just didnt like the fact i wouldn’t go in when they called on my off days. Lol.Doesnt matter and they dont have to explain .

Depends on the state…but it also sounds like he wasnt communicating with his job,so…He needs to learn some responsibility and apply somewhere else. File for unemployment benefits asap to get money until find next job…

I wouldn’t bother, just look for another job, why stay at a job and work for people like that?!

I mean what are you hoping to achieve? Would he really want to go back to that job if they’re trying to get rid of him? Find a new job. Everywhere is hiring right now

1 Like

Contact department of labor and industry they can help you.

Jesus people can’t read. HIS JOB PUT HIM ON QUARANTINE. If my job put me on QUARANTINE I’d assume they knew I had covid lol. His employer should have let him know to contact hr directly or they contacted hr.

2 Likes

If he was wrongfully terminated he can get unemployment. I proved I was not terminated for what they said and got my full unemployment

Why would he want to go back to work for them if what u say is accurate? There are so many jobs out there have him apply for another