My sister got fired for not having a babysitter....?

Question

Sunday, my sister couldn't find a babysitter. I was out of town so I couldn't do it. She does not have any prior disciplinary actions for anything, and has been at the job since November 2004.

My question is, can you get fired for calling in because you don't have a babysitter? Isn't there some kind of act?

Answer 1

She was fired for not coming to work when she was scheduled, not fired for not having a babysitter even if that was her reason for calling off.  

Yes she can be fired.  If her record with them was that good though, only three calloffs in four years, and if she was a good worker, I'd think they'd take her back if she asked.  But they don't have to.

Answer 2

That is really rotten but I've had people on my job call off for the same reason & they weren't fired. The problem is most employment these days is "at will" so either party can quit without any notice at any time.  

Answer 3

Your sister used a very stupid excuse for calling in.  What about other people that do not have children?  Should we have to pick up all the slack for her?  I don't care if it was one time or several, she chose to have a child, she should take care of it.

Answer 4

There is no law that protects you from calling off work regardless of the situation, meaning everyday challenges, unless you have FMLA, but childcare isn't covered under that.  Your sister wasn't fired for not having a babysitter, they fired her for not coming into work.  Most states are an "at will" state, which means and employer or employee can end their employment at any time for any reason.  The only time an employee has a legal issue is if the employer illegally fired them, like discrimmination - but being a mom w/no babysitter isn't discrimmination.  While some terminations can be unfair, they aren't necessarily illegal.  The employer will say they let her go for calling off work - which is perfectly legal.  If her company has a policy of how they terminate employees say they get three corrective actions or written warnings then that is grounds for termination, but even w/this policy there is usually a section that highlights termination w/o notice which could be job abandonment (not calling off), drinking on the job, sleeping on the job, things like that.  If you sister's employer has a policy and she didn't received any prior warnings, and did actually call off and can prove it she might have a case. But the odds to winning are very slim, her employer will probably have documentation, they have legal reason for termination, not to mention your sister may not have given you all the facts, her boss may have even told her if you call off again we will have to let you go.  Even though they rehire or let employees who walk off the job come back, it really has no baring on you sister's case.  Your sister could be late to work, maybe not the greatest performer, calls off too much, or maybe her boss just doesn't like her, either way she gave them a legal reason to terminate her.  Her best bet is to file for unemployment, and hope her employer doesn't fight it, if they do she will need proof she was wrongfully terminated, which will be hard for her to prove, more often than not when an employee is termed for calling off work the employer will win. But think about this, if you have a great employee, comes to work as scheduled, does a good job, is never late, and calls off once do you really think an employer would term her?  I don't think so, there's probably more to her situation than you realize.  I'm not saying what happened was fair, but perfectly legal, it's hard for single mom's and I feel her pain, but an employer doesn't have to look at her situation and make exceptions. If nothing else your sister can file a complaint with the EEOC if she feels she was discriminated against or seek legal counsel from an attorney that specializes in employment law.

HR Manager

Answer 5

She was fired for not coming to work.   Children are not an excuse.   The only time they are is if they are in the hospital.

She really needs to plan her life better, including having back up baby sitters.

Answer 6

Depending on your state, the company could fire you for no reason at all. In Texas, they do not even need to specify what they are firing you for, and it could be nothing at all.

But in other states you may be able to say she was fired for an unjust reason and should still have her job and get some money out of being fired. But she was fired for not being able to show up for work.

Unfair perhaps, but they could make it a good reason.

Answer 7

Family Medical Leave Act would cover your sister if she or the child were seriously ill.  Otherwise, you would need to look into the human rights laws of your city/state for more advice.  In DC there is a family care law.  It sounds odd that she would be fired for a single instance of not coming to work.  Are you sure there isn't something else going on?