Firing Employee as Dad is Dying

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BC9696

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I accidentally posted this in the wrong place originally.

My niece is a beautiful and hard working 19 yr. old serving time in retail (as many of us did at one time) in a clothing store at the mall. Her father is dying from cancer and on borrowed time. His stomach is completely gone, replaced with a cancerous goo (that's what the doctor calls it) and he is about 75lbs. He cannot walk or care for himself in any manner. The daughter has been providing care as needed and now has been told if she fails to arrive on time to work one more time, she' s being terminated. This chainstore gives employees 8 points (demerits) before termination. The thing is, all her points have been accumulated recently in caring for her dad when nobody else can. It's really a horrible situation for her but I believe she's doing the right thing...the difficult thing. Caring for him is demanding at best...unspeakably gross at worst. What this young woman is doing for her dad is amazing. I cannot believe her employer isn't more supportive given the circumstances. Without going into all the isses why this duty fell on her shoulders, can anyone provide information regarding employee rights under such extreme circumstances? Does she have any in this situation? Any recourse if she is fired? Seems awfully unfair to me...it's not like she's being flaky or anything. If anything, she is demonstrating a kind of maturity and well...bravery that is beyond her years. Her stepmother (who she lives with) wants dad to die already...not a warm fuzzy woman. Probably married him thinking he'd die sooner and clearly after the money. Did I mention she's a paralegal? <g> She told the daughter that after her dad dies, she needs to begin paying rent if she wants to stay in the house. Dad is too ill to deal with this stuff...much of what he says is gibberish and his wife has taken control of the will and everything else via her employer. I have told this brave young woman to come live with me and my family free when he passes and my wife & I will do everything we can to help her. But the job is very important to her. She loves it. She's good at it. it fits her schedule (unless you count Dad's last days on Earth). I wanna help her anyway I can....it may be she'll need to accept this termination but I wonder. Doesn't employee law favor the employee? Can they really do this without any liability?
Thank you for your help,
Bruce
My private email address is tradestaff@cox.net
 
There is a law that MIGHT help her but we don't know yet if it applies. Please answer the following questions:

1.) How long has she worked for this employer?

2.) How many employees does the employer have within 75 miles of her location (if you don't know exactly, over or under 50 will do)

3.) In the last 12 months, has she worked a minimum of 1,250 hours?

4.) Does her employer know the reason for the absences?
 
What I know

1.) How long has she worked for this employer? Unsure, not too long, maybe six mos or so.

2.) How many employees does the employer have within 75 miles of her location (if you don't know exactly, over or under 50 will do). Unsure, she works for Fredricks of Hollywood in Irvine.

3.) In the last 12 months, has she worked a minimum of 1,250 hours? No.

4.) Does her employer know the reason for the absences? Yes.
 
Since she has worked for the company for less than 12 months and since she has not worked 1,250 hours in the last 12 months, the only law I know of that might protect her does not apply. It's certainly unfair and I don't approve of termination in this kind of situation but as you have stated the facts it is legal.
 
Bummer

Thanks...I guess the thing to do is find her a better job then. I appreciate you sharing your expertise.
 
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