Can my work take action against me for taking time off for my adjustment of status appointment

[Isabella_NZ 54]

Hi all 

 

I am located in Florida and I currently work full time at a company that has told me if I take any more unapproved absences I will move onto the next stage of performance management.

 

Long story short I do not have any more leave left and it is there policy that you cannot take unpaid leave other wise I will receive a written warning. 

 

I got my appointment letter for my adjustment of status which is the end of October and I am worried I will get a verbal warning or worse yet they will try and fire me because of the absence.

 

Can they do this? Are there any laws in place that won't allow them to fire me??

 

Any help or suggestions is much appreciated.

[old-fella 109]

They can do that. It depends upon their policy 

 

However, question is, Is your job important than you being in legal status????

 

If I were you, I would have planned better. Well, didn't plan better then I would speak to my boss and explain the situation. Sensible people understand how important AOS. Even after explaining the importance of AOS, if they would fire me; I would simply resign because I don't want to work for or with people who are unreasonable

[debbiedoo 2,339]

Florida is an at will state. they can fire you for any, or no, reason.

 

why have you taken so much time off that its even an issue?

 

anyways, being written up isn't the be all end all of a job. AOS is far more important than a job that can be replaced. And with an employer attitude like that ... I'd be looking for a new one, anyways. its not like youre skipping work to go to Disney.

Edited September 25, 2018 by debbiedoo

[VNN 147]

•  USCIS appointment is not one of the legal absences required by law (like Court Order, Jury Duty, etc).
• In most the the case, there is not really laws which can prevent employer from "firing" you, they can simply let you go. When I signed my contact with my current employer, it clearly states they do not guarantee that they will offer my employment and I am not required to work for them (I can resign anytime).
• The best way is try to negotiate with your manager if you can work extra hours (or even weekends) to make up for a few hours/1 day absence.

 

Edited September 25, 2018 by RTLE

[Isabella_NZ 54]

4 minutes ago, old-fella said:

They can do that. It depends upon their policy 

 

However, question is, Is your job important than you being in legal status????

 

If I were you, I would have planned better. Well, didn't plan better then I would speak to my boss and explain the situation. Sensible people understand how important AOS. Even after explaining the importance of AOS, if they would fire me; I would simply resign because I don't want to work for or with people who are unreasonable

Plan better? You sound like my manager... 

 

I was in a car accident so the leave I took was not something I in any way planned for.

 

How am I meant to plan for an appointment that I have no idea when they're going to schedule it...

 

Obviously going to the appointment is more important because not going means being booted out 😑

4 minutes ago, debbiedoo said:

Florida is an at will state. they can fire you for any, or no, reason.

 

why have you taken so much time off that its even an issue?

 

anyways, being written up isn't the be all end all of a job. AOS is far more important than a job that can be replaced. And with an emmployer attitude like that ... I'd be looking for a new one, anyways. its not like youre skipping work to go to Disney.

I was in a car accident..

[Isabella_NZ 54]

4 minutes ago, RTLE said:

•  USCIS appointment is not one of the legal absences required by law (like Court Order, Jury Duty, etc).
• In most the the case, there is not really laws which can prevent employer from "firing" you, they can simply let you go. When I signed my contact with my current employer, it clearly states they do not guarantee that they will offer my employment and I am not required to work for them (I can resign anytime).
• The best way is try to negotiate with your manager if you can work extra hours (or even weekends) to make up for a few hours/1 day absence.

 

I have tried having that conversation with them and they will not allow people to work additional hours to flex their schedule. 

 

I have no yet brought up the appointment so maybe they will be more understanding of this situation but I'm not holding my breath.

[Illiria 980]

I always advise those who have a job in this process to save at least two days leave no matter what (one for the fingerprints and one for the aos interview). Having the leave time saved up but not putting down when it is until you get the interview letter. 

 

So is all leave lumped into one type, no separate sick and vacation leave? 

[debbiedoo 2,339]

2 minutes ago, Isabella_NZ said:

Plan better? You sound like my manager... 

 

I was in a car accident so the leave I took was not something I in any way planned for.

 

How am I meant to plan for an appointment that I have no idea when they're going to schedule it...

 

Obviously going to the appointment is more important because not going means being booted out 😑

I was in a car accident..

Perfectly acceptable reason to be absent. But, they can do as they wish.

 

Tell them about the appointment, show them the letter, and let them write you up if they need to. But I would really be looking for somewhere else to work. I've never worked for an employer that was that much of a jerk for perfectly acceptable/legitimate absences.

[Ben&Zian 4,397]

As others mentioned, by state law there in Florida an employer can do  as they wish. Especially seeing as they have verbally told you you can't take more time off. Things come up, such as the car accident, that are out of peoples hands; but at the same time you have to manage still whether take the time off and risk the job or figure another solution out. This is an immigration site, not a "Can my work fire me" hotline.

[Marieke H 2,301]

2 minutes ago, Isabella_NZ said:

I have tried having that conversation with them and they will not allow people to work additional hours to flex their schedule. 

 

I have no yet brought up the appointment so maybe they will be more understanding of this situation but I'm not holding my breath.

Explain to them that this appointment is essential for you to remain in legal status and be able to keep working for them. Offer to try to reschedule if October is not possible for them. Offer to work extra hours to make up for it. Plus, depending on how far you are from the field office, it won't take a whole day. I only arrived an hour late to work when I had my interview in the morning. If they aren't willing to work with you to get this done, my guess is they are looking for an excuse to fire you anyway and you'll  be better of finding a new job. Good luck!

[Isabella_NZ 54]

5 minutes ago, Illiria said:

I always advise those who have a job in this process to save at least two days leave no matter what (one for the fingerprints and one for the aos interview). Having the leave time saved up but not putting down when it is until you get the interview letter. 

 

So is all leave lumped into one type, no separate sick and vacation leave? 

It's separate but it's in their policy that if you run out of one the other will be used to cover it.

[VNN 147]

4 minutes ago, Isabella_NZ said:

I have tried having that conversation with them and they will not allow people to work additional hours to flex their schedule. 

 

I have no yet brought up the appointment so maybe they will be more understanding of this situation but I'm not holding my breath.

Unless you are working at a plant which really requires your expertise or the plant must be shutdown, do not let you go for 1 day is kind of harsh. However, employer (regarding state of employment), they can (or easily to find a way) to fire you and with verbal warning there is nothing can hold them from firing you.

• Try your best to discuss with them
• Find another job that you can have easier life.  Dot not want to brag I was given extra 6 weeks to spend time with my wife (in addition to my original vacation time) when my boss knew I got married.

 

 

[Isabella_NZ 54]

5 minutes ago, Ben&Zian said:

As others mentioned, by state law there in Florida an employer can do  as they wish. Especially seeing as they have verbally told you you can't take more time off. Things come up, such as the car accident, that are out of peoples hands; but at the same time you have to manage still whether take the time off and risk the job or figure another solution out. This is an immigration site, not a "Can my work fire me" hotline.

I understand this is an immigration site but I see many people posting about all kinds of things so your hotline comment is rude and unnecessary. 

[yuna628 9,527]

Yes they can do it, so ask yourself if it comes to it, do I really want to continue working for an unreasonable employer?

You are required to go to the appointment with the USCIS, their opinion on the matter is meaningless. Their threats to fire you or write you up are meaningless. You have to go, and let the chips fall as they may.

 

If I were you, I'd discuss your need to go with your boss, and then I'd look for an employer that is more respectful. My husband's place of employment has always been extremely understanding with leave time. Not every employer is like the one you work for..

[Illiria 980]

2 minutes ago, Isabella_NZ said:

I understand this is an immigration site but I see many people posting about all kinds of things so your hotline comment is rude and unnecessary. 

There is a section for this kind of non immigration thread, I will ask for it to be moved there but please be aware that insinuating that someone shouldn’t post is against the tos of the site.

 

I get you are upset but there is no other answer in your case than ‘well the state law says they can get rid of you but maybe if you speak to your boss they can be understanding’.