Legal Question in Discrimination Law in Texas

job abandonment

What are the rights for a person who has a mental and physical injury such that the person is dependent upon his/her legal guardians to get to and from work?

Situation is as follows:

person employed w/ department store for 9+ yrs (full time). Requests his 2 wks vacation in advance during summer (before school starts and kids with part time summer jobs at clothing/hardware store start school). Person is aware that as fall is just aroun corner and Xmas on the way; it will be busy time for company to allow for vacation. Person is dependent on legal guardians. Legal guardians taking 2 week vacation and taking subject. Subjects position is cashier. Company stated that they only approved one week. Therefore since, subject was gone 2 weeks, this is a case of job abandonment and is officially terminated.

Asked on 8/27/03, 1:44 pm

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: job abandonment

You can't expect the employer to set its schedule based upon the whims of the legal guardians. That's not fair. They can't expect to take two weeks vacation with their charge when they KNOW s/he has only accrued one week. That vacation was more expensive than they thought, but they should have known better.

It was a choice: there was no intent to discriminate by the employer from what you've written.

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Answered on 8/28/03, 10:16 am

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