Miss work because of CBP operations? What it could mean for your job

CHARLOTTE — Action 9 attorney Jason Stoogenke says there’s no law saying you have a right to miss work because you’re afraid of something going on in the community.

Your boss can fire you, especially if you’re a no-call/no-show.

So attorney Josh Van Kampen says, make sure you communicate (preferably in writing).

“What can I say to make sure that the boss understands that this isn’t a voluntary situation, that they’re still committed to their job and the company, but there are some circumstances outside of their control,” he said. “Reiterate basically the intent to return to work, to dispel any notion that an employer would believe that this was an abandonment of the job.”

Legally, your employer can’t ask you why, but you may want to offer it.

“Another good idea is if you have any sort of vacation or PTO time… to utilize that,” he said.

And if you have — let’s say — anxiety or depression — and what’s going on in the community makes it worse — you may be able to get time off (under, for example, the ADA or FMLA).

“So maybe there’s some building blocks to ask for a medical leave for some uniquely situated individuals,” Van Kampen said. But don’t count on that, and it could take time.

CAN YOUR BOSS FIRE YOU FOR POSTING OPINIONS ABOUT CBP OPERATIONS?

If you work for the government, you have a Constitutional right to free speech. So your boss may have a harder time letting you go.

But if you work in the private sector, you don’t have First Amendment protection. Your employer can get rid of you as long as they’re not discriminating between employees of different races, genders, religions, etc. Party affiliation doesn’t count.

“If you are going to be proactive on social media, you want to be creating a file of your coworkers’ social media posts so that you can establish a double standard,” Van Kampen recommends.

Van Kampen says your workplace may have a stronger case to fire you if:

Your social media accounts say where you work (for example, in your profile) and
Your posts lean negative (a sports analogy: it may be better to say you love the Panthers, not curse out the Falcons.)

If you feel you were let go unfairly, usually start with the EEOC. You have 180 days to file a claim. Once you exhaust that, you can take legal action if you want.

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