One day I was scheduled to work 6-2, the manager asked me to stay a little later, I replied that I couldn't. The manager then told me that if I wouldn't stay later, then I would be fired. I didn't stay later, and as a result, I was fired. Is this legal???
2006-12-05 13:27:32 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Yes, yes he can. He can also fire you for looking funny, or smelling bad, or giving dirty looks to his girlfriend.
In America the rule is that the "employee may be fired for any reason or no reason at all"[1].
So unless the firing was motivated by race, sex, or some other such thing(which would make the firing racial or sexual discrimination) -- it is withing employer's rights.
There is a flip side to that -- you can QUIT at any time and for any reason!
2006-12-05 14:01:30 · answer #1 · answered by hq3 6 · 0⤊ 0⤋
Most likely it was. Sorry but you do not have a right to your job. If you work in a "right-to-work" state you can actually be fired for any reason or no reason. Your manager wasn't asking you to work overtime without pay in violation of state workers rights laws he was just asking you to work a different schedule. You refused and he had the right to fire you for insubordination. Even in a state with strong worker rights laws this is a valid justification. There is no need to show a pattern of insubordination.
Look on the bright side, if this guy really fired you for this one little thing it probably wasn't a great place to work anyhow.
2006-12-05 21:47:37 · answer #2 · answered by Daz2020 4 · 1⤊ 0⤋
If you did not have an employment contract, you were an "at will" employee, meaning you were employed there as long as they had the will to keep paying you. You could be fired for not doing what you were told to do.
In most instances, though, I thought that there had to be a pattern of insubordination to justify the firing. If this was the only time you didn't do what they wanted, and you didn't have any warnings in your file, I'd go ahead and file for unemployment and let the folks at the unemployment office sort it out.
2006-12-05 21:38:08 · answer #3 · answered by OK yeah well whatever 4 · 0⤊ 0⤋
It depends on the laws of the state you live in. If you live in an "at will" state, you can be fired at any time for any reason, as long as it is not for areas of discrimination that we are protected under federal laws, i.e., race, religion, nationality, gender, etc. Also, did you have a contract with your employer? If it states that you were not an at will employee, and that you would not be required to work overtime on demand, you may have a case. Google the employment laws in your state, or contact your local unemployment agency, they could advise you as well. Good luck to you!
2006-12-05 21:32:33 · answer #4 · answered by Michele L 3 · 0⤊ 0⤋
Most employees are "at will employees" meaning you can leave anytime you want and you can be terminated anytime they want. Unless you have a contract or a union, there's not much that can be done without an expensive attorney and lots of time.
2006-12-05 21:32:05 · answer #5 · answered by davidosterberg1 6 · 0⤊ 0⤋
Sounds fishy to me...go above his head.
Usually you have to give a certain amount of notice to require an employee to stay after their shift and that change is to be annotated on the schedule.
I wouldn't put up with it.
2006-12-05 21:51:30 · answer #6 · answered by dancing_in_the_hail 4 · 0⤊ 1⤋
It might be if you're in a "right to work" state that allows employers to fire anyone for any reason.
Stinks - it's a stupid law.
2006-12-05 21:31:30 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Is it a right to work state, what state are you? Are you full time, part time?
2006-12-05 21:33:16 · answer #8 · answered by scooter 1 · 0⤊ 0⤋
I don't think so. Doesn't sound right to me. Good for you for not being bullied
2006-12-05 21:30:20 · answer #9 · answered by Anonymous · 0⤊ 0⤋