Can an employer (retail) fire someone if the do not work on Black Friday?

Question

I have a full-time office job during the week and also work a part-time retail job on the weekends only. My availability has always only been Saturday and Sunday because I have a full-time job. I've had my retail job for almost 8 years now and know I am well liked because I work hard. This year, I was told after-the-fact that they put me on the schedule to work on Black Friday. Since I didn't show up for work, they put me down as what they call a "No-Show Employee." Can they fire me for this without giving me proper notice? FYI I am over 40 and female and have a good employment record. I am hoping there are some lawyers out there who see this question and/or a law student who can provide me with an answer. If they did fire me, would I have grounds for a discrimination lawsuit? Thanks in advance for your answers.

Answer 1

An employer can require schedule changes when it is needed for business operation. That said, since you have been working weekends for 8 years without being required to work on weekdays, the employer has allowed this schedule and would need specific reasons to fire you over a change in your schedule now.

My guess is that there is a new person in the office who actually makes up the physical schedule. He/she was told "put everyone on for black Friday" and he/she did without thinking. So, you may need to go to that person and explain that you are on 'weekends only'. You may also want to inform HR that you are 'weekends only' so that they can take the 'no call no show' off your record. Too many of those and you will be terminated for absenteeism.

As for the chance of an employer terminating you for not following the schedule, yes it could happen. You could argue 'no notice', but in most retail businesses the posted schedule is considered sufficient notice to all employees. If you were terminated you may be able to file a discrimination complaint with the EEOC (www.eeoc.gov) against the store. You would need to allege that the termination was based on discrimination due to your age (pver 40) and/or sex. On your side you have your clean record, the fact that you have been allowed to work weekends only for years, and that you were not notified about the schedule change.

In this economy there are no certainties in employment. One of the worst things that can happen to a long-term employee is to have a brand new young hot-shot boss who demands everyone does it his/her way. If you are in that spot now, expect more trouble. My concern is that you have a warning on your record (the no show). If they really want to get rid of you they will schedule you for weekdays around the holiday, you will not show up, there will be another warning in your file, and you will be terminated for absenteeism.

Answer 2

I've had that same problem a few times at jobs. One time they change the schedule at the last minute, put me on at night I was unavailable to work and didn't even know.

Any way employers have the right to fire you for no reason what so ever. I'll you can do is show proof that you told them your not available to work on that certain day and you might get off the hook there. If you see this problem again in the future tell the supervisor asap so you can get this corrected. Also if you have limited availability check with them from time to time to be sure they have what times your available down RIGHT. In my experience employers never save those availability sheets or they just don't check them when they create new schedules.

Answer 3

Sorry, they can, and no "notice" is required. Did you check the schedule? Didn't you see that you were scheduled for that day? And you just didn't show up? Yes they could fire you for this and you have no legal recourse. Being over 40 and female doesn't change that unless they let people under 40 and/or male get away with it, then you might have a discrimation claim.

Black Friday is obviously a very busy day for retail outlets, so they probably scheduled a lot of people who don't normally work on Friday. You didn't show up - so yes they can fire you for it.

Answer 4

If they have only worked you sat and sun for 8 years I doubt very much that they are going to fire you. They will probably give you a warning but I would inform them that you do have another job and have never worked any other days but the weekends.

Answer 5

I would sit down with the manager and have a talk with him/her. If there was no notice in a common work area, none of your bosses asked you to come in, and no one called you, you would have no way of knowing you were scheduled.

Most big company's have 3 "no shows" per year. I would go over company policies, and talk to the union if you have one.

You will have to prove any discrimination on your part. I under stand that you are getting older and they may want a younger staff for various reasons, but its hard to prove it.

Answer 6

since you have been there 8 yrs it is doubtful that they will fire you. Even though what they did to you is pretty messed up, most states have an at will policy, which means they can fire you at their will, they do not need a reason to do so.
You might want to check with your states Dept. of labor on that subject. There is also a great site where you can ask all sorts of legal questions, and they are answered by actual attorneys. Lawguru.com.
Ive used it several times myself.

Answer 7

Sorry, but having another job does not relieve your of having to report for work when scheduled. Unless toy have a written contract stating that you can only be scheduled on Sat / Sun then they can if they wish terminate you.
good luck

Answer 8

So you didn't do anything to correct the scheduling problem? You didn't call in either? You just didn't show up when you were scheduled to work? I'd fire you.