Spouse's employer is refusing to give time off for ROC/N400 interview

[arken 4,197]

15 hours ago, Ido said:

You are correct. That being said - I feel reasonably confident if this ended in front of a jury, and OP's lawyer was to explain the facts of the case ("needed to attend USCIS interview, offered to take PTO, offered to take unpaid day off, was denied and fired"), things would not go the employer's way . . . The jury is, after all, made from twelve of your peers - pretty sure they wouldn't side with the employer.

 

And was the OP's spouse to be fired, I have seen in many cases companies come up with a severance package which will only be paid *if you agree to sign an agreement on which you agree not to sue*. Most people do sign, because (a) they know they wouldn't win a trial, and (b) need the money.

 

In any case - I would be really, really surprised if the employer didn't let this person's spouse take a paid or unpaid day. If that is the case, then that manager, that job and that company all suck big time. Sue.

 

I see you work in a fortune 500 company and that’s where what you are pointing out is applicable, lawyer, jury n such. Reality is different in the actual world.

 

Anyway, i hope OP’s spouse gets day off without any issue.

[Undecided 78]

Deleted.

Edited February 5, 2020 by Undecided

[Mounat02 63]

21 hours ago, MotherofDragons said:

He is one of two managers so it's difficult. Any other week would have been good but this particular week is super busy. I personally would do a double shift to help cover a situation like this for a coworker but I guess that's just me. We will find a way though! He is taking it to HR this week, explaining that I could be deported if my ROC is denied for his failure to appear.

Maybe your spouse is trying to get you deported by skipping the interview?

 

Kidding aside, your spouse should be wary of an employer like this. I wouldn't miss this interview no matter how stubborn my employer was. The consequences are just far too great.

 

Good luck.

[PickleChips 56]

12 hours ago, Mounat02 said:

Maybe your spouse is trying to get you deported by skipping the interview?

 

Kidding aside, your spouse should be wary of an employer like this. I wouldn't miss this interview no matter how stubborn my employer was. The consequences are just far too great.

 

Good luck.

Haha I hadn't considered that! I should go directly to his boss and confirm lol. 

 

The whole job/company/etc is shady af. The second he gets another job, it's peace out. Until then, we have mouths to feed. 

 

PS I realize I hadn't actually answered the question about PTO/vacation day... yes, he would willingly take a day off without pay but that has been denied as well. 

Edited February 6, 2020 by MotherofDragons

[retheem 564]

On 2/3/2020 at 1:43 PM, MotherofDragons said:

I received my N400 interview letter today, which will most likely be a combo ROC/N400 interview. My spouse's employer is refusing to give him the day off for the interview. We have three options as I see it: take the day off and risk being fired (bad, very bad), reschedule or go alone and have them set another date for the ROC interview. The thing is they have already rescheduled my interview once (their choice not mine) and it took three months to get another interview plus I cannot guarantee that my spouse's employer will give him that day off either. I know my husband has to be present for the ROC interview but I only got a N400 letter (as we all know, the interview is typically for both not just citizenship) so I can't prove to his employer that he needs to be present by law. Does anyone have any tips, hints, legal ideas to get his employer to cooperate? Other than shaming them for being incredibly anti-patriotic  . TIA

I would go with option 1. If it means getting fired, so be it.There are times you have to sit down and think of what is important to you

[SusieQQQ 11,586]

29 minutes ago, retheem said:

I would go with option 1. If it means getting fired, so be it.There are times you have to sit down and think of what is important to you

Mardi Gras week is over so presumably the interview is too, hope it all went well for OP.

[PickleChips 56]

Update: My spouse ended up talking his employer into letting him have the morning off but had to go back in the afternoon, which was all we wanted in the first place. I don't know what changed his mind, maybe some conscience kicked in, but thank goodness because it was a combined ROC/N400 interview! I was approved and am just waiting on my oath ceremony. 

[SusieQQQ 11,586]

44 minutes ago, MotherofDragons said:

Update: My spouse ended up talking his employer into letting him have the morning off but had to go back in the afternoon, which was all we wanted in the first place. I don't know what changed his mind, maybe some conscience kicked in, but thank goodness because it was a combined ROC/N400 interview! I was approved and am just waiting on my oath ceremony. 

Yay! And congrats!

[retheem 564]

On 3/1/2020 at 3:58 PM, MotherofDragons said:

Update: My spouse ended up talking his employer into letting him have the morning off but had to go back in the afternoon, which was all we wanted in the first place. I don't know what changed his mind, maybe some conscience kicked in, but thank goodness because it was a combined ROC/N400 interview! I was approved and am just waiting on my oath ceremony. 

But i would still strongly advise that he gets another job and leave the minute he find another one