• Discounts and special offers
  • Subscriber-only articles and interviews
  • Breaking news and trending topics

Already a subscriber?

By signing up, you accept Moneywise's Terms of Use, Subscription Agreement, and Privacy Policy.

Not interested ?

Employment
A photo of a businesswoman carrying a box of her desk supplies shutterstock.com / Prostock-studio

A mom was fired in her first week of work after taking 1 day off to care for her sick toddler — an employment lawyer says it's legal in 49 states

Most debates about “work-life balance” focus on how jobs take over people’s lives, with costs to personal relationships and well-being. But some employees have the opposite problem with a “life-work imbalance” that forces them to take time off for personal reasons. And, if a boss isn’t understanding, they might fire you.

That’s what happened to one Redditor who was handed a pink slip in her first week on the job as a payroll administrator — right after she took a day off to care for a sick toddler.

Advertisement

As she shared on Reddit, she started on a Monday, came in on Tuesday and asked to take Wednesday off to care for her son, got the OK, and then came in Thursday and was fired.

Read the best of Moneywise in 5 minutes or less.

By signing up, you accept Moneywise Terms of Use, Subscription Agreement, and Privacy Policy.

“I was let go in the morning for not being a good fit due to time,” she wrote. “My question is, is this job market for real?”

She asked Redditors whether it was fair that she was fired or if the company “sucks.” Most commenters said it may not be fair, but it was within bounds.

As one Redditor, Salty-Employee, put it: “Your company sucks but it isn’t uncommon for jobs to fire people if they don’t show they’re reliable in the first months, as well. It’s not right, but I’ve seen it happen.”

We asked a lawyer to weigh in, reaching out to Gennady Litvin, managing attorney at Moshes Law, a firm that specializes in employment law. Here’s what he had to say.

When bosses can fire you, and when they can’t

Litvin told Moneywise that the law is pretty clear in almost every state — with the exception of Montana, which is a special case.

“Employees can be hired or fired for any reason or no reason at all,” he said, at any time, even on their first day.

That’s because most states follow the rule of at-will employment, meaning employers can fire workers at any time, with or without cause. Montana offers workers greater protections. Once an employee finishes probation, bosses can’t fire them without cause. At-will employment doesn’t apply there.

On Litvin’s reading of the Reddit case, he said it’s unlikely there’d be any legal recourse for the mom. Litvin said it would be easier for her to make a case if she’d asked for child-care accommodations as part of her contract and then the company let her go.

He noted that one thing that trumps at-will employment rules is when a boss fires someone due to a worker’s race, religion, gender, familial status (such as pregnancy) or disability. That’s discrimination, and it’s illegal under federal law.

Advertisement

While there’s no explicit federal statute that protects working moms from being penalized for caregiving, the U.S. Equal Opportunity Employment Commission notes that they may be able to make a case they were discriminated against under Title VII of the Civil Rights Act.

How to protect your job if you need to take frequent time off

Still, not everyone has the money, time or desire to make a legal case out of their termination. Litvin says the best way to avoid such situations is to prevent them in the first place.

If you’re a caregiver or need personal time off on a regular basis for any reason, it’s wise to state your situation upfront, before you take the job — in the interview or contract negotiations.

“It’s really about having advance notice,” Litvin said.

It may be an uncomfortable conversation for some, but he added that if an employer turns you down for a job because of your need for accommodation, they could be breaking the law. Having that discussion on the record also protects you if you get the job.

Better still, it could lead to helpful conversations. Some firms offer working parents access to childcare centers or subsidized childcare benefits. Such options are a win-win-win — for a working parent, their families and their employers.

Share this:
Laura Boast Associate Editor

Laura Boast is an Associate Editor with Moneywise.com and a lifelong content creator who has reached international audiences at Discovery, CBC, Blue Ant Media, Bond Brand Loyalty and more.

more from Laura Boast

Explore the latest

Disclaimer

The content provided on Moneywise is information to help users become financially literate. It is neither investment, tax nor legal advice, is not intended to be relied upon as a forecast, research or investment advice, and is not a recommendation, offer or solicitation to buy or sell any securities, enter into any loan, mortgage or insurance agreements or to adopt any investment strategy. Tax, investment and all other decisions should be made, as appropriate, only with guidance from a qualified professional. We make no representation or warranty of any kind, either express or implied, with respect to the data provided, the timeliness thereof, the results to be obtained by the use thereof or any other matter. Advertisers are not responsible for the content of this site, including any editorials or reviews that may appear on this site. For complete and current information on any advertiser product, please visit their website.

†Terms and Conditions apply.

Sign up free.

Join 250,000+ readers by activating your free account. Get our newsletter, a Warren Buffett investing guide, and commenting access on stories.

By signing up, you accept Moneywise Terms of Use, Subscription Agreement, and Privacy Policy.

Already signed up?