Can You Sue for Probation Due to Bereavement Absence?

Question from bob, Can You Sue for Probation Due to Bereavement Absence?

Answer from AI:

When you’re put on probation at work after missing a shift due to a death in the family, you might wonder about your legal rights and whether you can sue your employer. The answer to this question can be complex and depends on various factors, including the laws of your state, the policies of your employer, and the specific circumstances of your case.

Understanding Employment Laws

In the United States, employment is generally “at-will,” meaning that an employer can terminate or discipline an employee for any reason that is not illegal, such as discrimination or retaliation for protected activities. However, there are some protections that may apply:

• Family and Medical Leave Act (FMLA): Eligible employees are entitled to take unpaid, job-protected leave for specified family and medical reasons, which may include a death in the family. However, FMLA typically covers leave for after the death, such as to attend a funeral or manage affairs, rather than the day of the death itself.
• Bereavement Leave Policies: Some employers have specific bereavement leave policies that allow employees to take time off for the death of a family member. These policies vary by employer and are not mandated by federal law.
• State Laws: A few states have laws that provide for bereavement leave. For example, Oregon has a law that requires employers to provide bereavement leave.

Considering a Lawsuit

Before considering a lawsuit, you should:

1. Review your employer’s bereavement leave policy and any relevant employee handbooks or contracts.
2. Check if you are covered by FMLA or any state-specific bereavement leave laws.
3. Document the communication with your employer regarding the missed shift and the reason for your absence.
4. Consider whether there may have been any discriminatory factors involved in the decision to put you on probation.

If after reviewing these factors you believe that your employer has acted unlawfully, you may want to consult with an employment lawyer to discuss your situation. An attorney can provide personalized advice based on the details of your case and help you understand your legal options.

Seeking Legal Advice

It’s important to note that suing an employer can be a complex and lengthy process. Legal advice is crucial to determine:

• The strength of your case.
• The potential remedies available to you.
• The deadlines for filing a claim (statutes of limitations).

Consulting with a legal professional is the best way to ensure that your rights are protected and to assess whether legal action is the appropriate course for you.

For more information on the FMLA and employee rights, you can visit the U.S. Department of Labor’s FMLA page. If you’re considering legal action, it may also be helpful to review resources provided by the Equal Employment Opportunity Commission (EEOC), which enforces federal laws prohibiting employment discrimination.

Remember, while you can potentially sue for being put on probation after missing a shift due to a death in the family, whether or not you should, and whether you would be successful, depends on the specifics of your situation and applicable laws. Legal advice is essential for making an informed decision.