You want to take some time off of work, but your employer tells you that you can’t. You do it anyway, and you get fired. Is this action by the employer illegal or not?
It depends on the situation. Even if you’re allowed to have a specific number of days off, that doesn’t mean you can always take time off when you want it.
However, the company may have acted illegally if you have a right under U.S. law to take time off from work. For example, if you need to leave work to serve in the military, your employer may be obligated to let you serve.
Additionally, you have a right to take time off and go cast your vote for the presidency or other things that make it onto the ballot. All citizens are meant to have the right to vote and employers can’t take it away from them by refusing to let them leave when the polling stations are open.
If you are wrongfully fired for executing your right to vote or something of this nature, you may be able to sue the company for back pay and other financial compensation. You can also fight to get your job back. The full amount that you can seek will depend on many factors, such as how long you were out of work.
It’s very important for employees to know their rights in California. While the company will have a large say in how you spend your time, it does not always control everything you’re allowed to do, and you need to know when violations of your rights could warrant legal action.
Source: FIndLaw, “Was I Wrongfully Discharged From My Job?,” accessed Nov. 22, 2016