Yes, your employer can fire you for traveling home for the holidays

WHEELING, W.Va. (WTRF)- Some of you may be planning on traveling home for the holidays.

But with coronavirus cases rising and some states still imposing travel restrictions, can your boss ask you to cancel your trip or show you the door?

With Christmas just days away, the holiday travel season is in full swing and 7News is looking into whether your employer can legally cancel your Christmas travel plans saying, ’tis the season’ to stay at home.

Attorneys say it all comes down to your contract. This means if you don’t have one, your employer could do anything they want to as long as it doesn’t violate a particular law or policy. 

But could your boss fire you for traveling home for the holidays? Attorney Patrick Cassidy says probably yes. 

Even when it comes to canceling your travel plans, attorneys say that’s also probably legal.

Although it’s all on a case by case basis. Cassidy said this is especially probable if you’re a private employee. If you’re an at-will employee, attorneys say you don’t even have to have a reason.

But, if the reason is they don’t want employees getting infected from the virus from traveling, attorneys say it’s probably not illegal. 

If it’s not okay with them (your employer), you probably ought to stay put because I don’t think you’re protected just because you want to do it and your employer doesn’t want you to.

Patrick Cassidy, Attorney

But if your vacation time is a matter of contract — but it usually isn’t, attorneys say it’s not okay for your boss to tell you to stay put. 

Cassidy recommend you to tell your boss if you are traveling in your time off. 

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