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

[Chocobo 196]

13 minutes ago, Chris&Ale said:

Since you have been in a car accident, did you file for an FMLA to help protect yourself from missing too much medically-related absences? If you had an FMLA to protect you, perhaps you could schedule a medical appointment the same day as your AOS interview and would thereby be protected under FMLA?

^^ You beat me to it.   

 

OP, look into FMLA.  If you have been employed for a year (and I think there is an hour total equivalent, too), and if your employer has more than a certain amount of employees, then FMLA will cover you.  Going back and trying to file for it retroactively is not going to be easy, but if you qualify for FMLA (aka enough hours and employer is large enough) then ongoing medical appointments for an FMLA approved condition will protect your job.  (NOTE: they do NOT have to pay you for time you take for FMLA, they just can't fire you.)  FMLA leave can be taken intermittently up to 12 weeks.  I'd look into it and maybe try like PP suggests.

 

In the alternative, unfortunately, yes, your employer can write you up or fire you for taking time off for your immigration appt.  If you don't qualify for FMLA, I agree w/the PP's about discussing the appointment now with HR to see what can be done, especially since you can produce documentation to show that this is legit.

 

Good luck!

[Isabella_NZ 54]

5 minutes ago, Chocobo said:

^^ You beat me to it.   

 

OP, look into FMLA.  If you have been employed for a year (and I think there is an hour total equivalent, too), and if your employer has more than a certain amount of employees, then FMLA will cover you.  Going back and trying to file for it retroactively is not going to be easy, but if you qualify for FMLA (aka enough hours and employer is large enough) then ongoing medical appointments for an FMLA approved condition will protect your job.  (NOTE: they do NOT have to pay you for time you take for FMLA, they just can't fire you.)  FMLA leave can be taken intermittently up to 12 weeks.  I'd look into it and maybe try like PP suggests.

 

In the alternative, unfortunately, yes, your employer can write you up or fire you for taking time off for your immigration appt.  If you don't qualify for FMLA, I agree w/the PP's about discussing the appointment now with HR to see what can be done, especially since you can produce documentation to show that this is legit.

 

Good luck!

You have to be at an employer for a year which I'm not unfortunately.

[dirtyhippiegirl 85]

3 hours ago, Jaquelly said:

 

With that being said, perhaps try to toughen up when you ask for advice. Most of us ARE Americans, after all. We don't hold back and we will tell you how it is, even if it's not done in the nicest way possible.

Man, don't roll me into your tacky ### behaviors. Most of us are adults and should know how to behave accordingly.

[carmel34 3,538]

I'll try to offer helpful advice OP.  Explain the situation to your supervisor, and/or the senior HR officer.  Tell them you have no choice but to take unpaid time off for immigration purposes, to remain legally in the US.  If they have a problem with the specific day of the AOS appointment, try to get the interview moved to a day they would be okay with (if it is possible to move it).  Be really nice about it and explain it professionally to them.  Write down what they say.  Save emails.  Go to the interview, return to work, and see what happens.  If you receive a notice of termination because of this, and if you really like this job and want to stay in it, you could contact an attorney and ask them to send a letter to your company, citing wrongful termination on the basis of national origin discrimination, which is protected under Florida law.  That may be enough to save your job as no company likes to fight a lawsuit.  If they ultimately decide to terminate you, you may be able to settle and get a cash payment to tide you over until you find another job.  You are being discriminated against because of your national origin.  To prove it you would have to find other examples of people in a similar situation (asking for unpaid leave for an important personal reason when they had no more time left to use), who are full US citizens, and they were only warned, not terminated.  HR may be able to help you find other examples.

 

Wrongful termination as a claim generally does not exist in Florida, but there are exceptions. Florida is an at-will state, which means an employer may fire, demote, hire, promote and discipline employees for pretty much any reason, or no reason at all. Some people confuse “at-will” with “right-to-work,” which has nothing to do with wrongful termination at all, but means that employees may not be forced to join a union to work at a particular job.

Here are the types of termination that may fall in the category of wrongful termination in Florida.

1. Discrimination: Termination due to race, age, sex, pregnancy, national origin, marital status, color, religion, or disability is illegal in Florida. You are protected from this type of termination if your employer has 15 or more employees (and in some counties, 5 or more employees). You may be able demonstrate you were treated differently than those of a different race, sex, religion, national origin, age, or other protected status under the same circumstances. Try to think of people who are of a different race/age/sex, etc. and were treated differently from you. Find out if there are people who have also been the victims of similar discrimination. If only people of a particular race, etc. have been terminated for a particular violation, where others have only been warned, this would be discrimination.

Edited September 25, 2018 by carmel34
*

[Boiler 43,790]

There is no discrimination, OP has blown through Holiday/sick leave and has none left.

 

I would be interested to know what happens if you are legitimately sick, presumably they would want a Doctors note.

 

Time to look for another job?

[Mike E 11,727]

8 hours ago, MariekeH said:

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!

Just find another job, and have the start date be after your appointment.

 

Congrats on the AOS appointment date.

[WaterLeaf 199]

I'm sorry to hear you are going through this issue.

 

I do agree with a lot of posts that many people had helped out. I also considered it very helpful for me as well.

 

Let us know what happens next! If the management doesn't want to take in the matter of the single day off, don't feel bad looking for a change in job. You can apply back later if they appreciate all of your hard work and only if you enjoy it.

[Isabella_NZ 54]

1 hour ago, Boiler said:

There is no discrimination, OP has blown through Holiday/sick leave and has none left.

 

I would be interested to know what happens if you are legitimately sick, presumably they would want a Doctors note.

 

Time to look for another job?

I was legitimately sick. I was in a car accident. I had a medical note. It makes absolutely no difference to them whether I was or was not legitimately sick or injured. 

[Isabella_NZ 54]

6 hours ago, Jaquelly said:

With that being said, perhaps try to toughen up when you ask for advice. Most of us ARE Americans, after all. We don't hold back and we will tell you how it is, even if it's not done in the nicest way possible.

Yeah, thanks for the advice buddy.

Edited September 26, 2018 by Isabella_NZ
.

[Chris&Ale 153]

10 hours ago, Isabella_NZ said:

And that's fine, if it's in the wrong place then have it moved. I figured because it was to do with my adjustment appointment I could post in here but I do not care either way. 

 

Thought this site was a safe place to post and get advice but clearly it's not.

Unfortunately, there are a number of folks on here who like to take every opportunity to criticize others actions, questions, or decisions rather than just offer helpful advice.

[Boiler 43,790]

21 minutes ago, Isabella_NZ said:

I was legitimately sick. I was in a car accident. I had a medical note. It makes absolutely no difference to them whether I was or was not legitimately sick or injured. 

I was asking about future sickness, what happens if you are sick next week?

[Diane and Chris 651]

11 hours 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 employer attitude like that ... I'd be looking for a new one, anyways. its not like youre skipping work to go to Disney.

Unless he works at Disney!  Lol 😆   He is from Orlando....

[Diane and Chris 651]

11 hours ago, MariekeH said:

Offer to try to reschedule if October is not possible for them.

Are you kidding me?  After waiting for over a year?  

 

Edited September 26, 2018 by Diane and Chris

[saguaro 2]

12 hours ago, Isabella_NZ said:

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.

Perhaps ask for unpaid time off? Maybe offer to use your lunch breaks to make up for the interview time? Or maybe offer to stay late for a couple of hours to make up time. Talk to your boss. You might be surprise at how understanding some bosses can be. But give them a heads up that you'll be gone for some hours. Good Luck~!

Edited September 26, 2018 by saguaroz
prior answer mentioned

[Mansini77 100]

I'm an employer.  A small business really with a handful of full and part time employees.  And, as most of us have, I've been an employee of someone else as well.  So I can see both sides of the coin pretty clearly.  

 

So being the tyrannical dictator, I mean...understanding and patient boss that I am, I value my employees just as much as I value my customers.  I don't have a cap on days people are allowed to take off yadda yadda yadda.  

Life happens. There are things in this world that are beyond our control.  Sickness, car accident, child in the hospital and a death in the family happen and they need to be dealt with by the employee regardless of "company policy".  

A full time employee of mine just got into an accident yesterday and her car is totaled and couldn't come to work.  Yup, that's life happening all over the place.

 

I don't know who you are working for, OP, but it sounds like a large company or the DMV.  I'm assuming that based key words in your original post like "unapproved absences" and "performance management".  Yeah...hearing office jargon like that makes me want to strangle someone.  I'll flip burgers or deliver pizzas before I work for a company like that.  No offense to anyone who works for a big corporation, I'm actually quite a fan of corporations and the products and services they deliver.  I'll never work for one though.  

 

That being said.  Your adjustment of status is priority number one.  No exceptions.  You've come too far to be denied this opportunity, and your employer shouldn't be punishing you for going. If your employer gives you a verbal warning, so what. If your employer fires you, claim unemployment and they'll be paying for it.  Most people think the state and federal government are the ones paying unemployment, wrong...it's the employer.  I know this, because I pay the fee per employee every quarter.  File unemployment and take your skills to another employer that will be more flexible with their employees.  This is the United States of America after all.  You're the one with AOS on the line, take charge of the situation and don't take their .  

 

Honestly I don't know what everyone's problem is on this thread today.  Usually most are helpful.  Not so much today it seems.  Maybe their fantasy football team stunk it up last weekend and decided to take it out on you.

Edited September 26, 2018 by TBoneTX
profane adjective removed