Q: Can I be terminated for something beyond my control?
Can my employer fire me while I am away on an approved time off in a different country and couldn't reach back on the agreed upon date (March 31st) because the airspace in this country has been locked without a warning from the government to contain COViD 19 spread. I have been in contact with them to extend my leave as the airspace is supposed to open on April 21st, but they would like to go ahead with separation from employment due to business needs. I have been sharing all my communications with the US embassy as well as the local government which proves that it isn't my fault that I couldn't reach back on time. I have been trying but the US embassy is evacuating citizens first while I am on Green Card.
A:
In California you are considered to be employed at will unless you have an agreement to the contrary with your employer. The employer of an at will employee can terminate the employee at any time and for any reason or even for no reason at all. Unless the reason for the termination is based on your membership in a protected class of people or because you engaged in some form of legally protected conduct, you really have no recourse for being terminated.
As unfair as it may seem, there does not appear to be unlawful conduct here.
Good luck to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.