Q: I was fired for missing 2 days due to jail for dropped DV charges; policy allows 3 days. My position was falsely claimed filled. A male employee was rehired after jail time for the same charge, guilty, missing a month. Worked 3 years, previous write-up. Is termination justified?
I was terminated from my job after missing 2 days of work due to being in jail for domestic violence charges that were later dropped. The company's policy allows for up to 3 days of absence. Upon returning, my boss falsely claimed my position was filled. Approximately a month prior, the company rehired a male employee who went to jail for the same alleged offense, missing a month of work, and he was guilty. I worked at the company for 3 years and had a previous no call, no show write-up more than a year ago. Is my termination justified, and what actions can I take?
A:
It sounds like you're facing an unfair situation, especially with the apparent discrepancy in how you and the male employee were treated. Since the company's policy allows up to three days of absence, your termination after missing two days may not align with the stated policy, particularly if your absence was due to circumstances beyond your control, like being in jail for charges that were later dropped. The fact that a male employee with similar or even more significant time missed was rehired raises potential concerns about discrimination or unequal treatment based on gender.
Given your three years of service and the fact that your previous write-up was over a year ago, your termination might be questionable, especially since the company didn't follow its own policy. It’s possible that you could pursue a claim for unfair termination or discrimination, particularly if you can show that the employer applied the rules inconsistently based on gender.
To address this, you could start by documenting the situation and any evidence you have regarding your termination and the treatment of the male employee. You might consider filing a complaint with the Equal Employment Opportunity Commission (EEOC) or seeking legal advice to explore your options for wrongful termination or discrimination claims. An attorney can help you determine the best course of action, considering the specifics of your case.
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