Can I be fired over my school schedule?

Question

I am a college student working part-time for a legal attorney office as an Office Assistant for about 3 months now. When I was hired on they understood that I was a college student going to school and working at the same time, and it was clearly stated in my resume and repeated throughout my interview process. They claimed that they were okay with the fact that I went to school and up until this point have made accomodations with me when it came to school.

When asked about my availability for the upcoming spring semester, I told them that my availability was going to slightly change and now they have a big problem with it. Since then my boss has been nothing but rude and inconsiderate to me, and even told another employee who told me they were going to "let me go when they found my replacement". Is this discrimination and can I file a claim against them with the labor board? Also, will I be able to collect umemployment if they fire me over my school schedule

I forgot to mention that although I have been informed of a possible termination, I have not had any verbal or written notices of any wrongdoing. So how can I be fired for something I have not done, only that my school schedule has slightly changed? I'm still able to work for them, just that I will be coming in an hr later certain days and leaving an hr early on one day. Also, how is it right that my boss can discuss my business with another employee about my possible termination?

Answer 1

No offense here but, what makes you think an employer is required to constantly work around you, regardless of your changing schedule? They have a business to run and need someone they can count on being there when they need them there. They don't have to continue to accomodate you. The availability you stated in your interview no longer applies as you admit your schedule will be changing. Your schedule no longer meets the needs of their business and they have no obligation to keep you. There's no discrimination involved. Its a good business decision. You'll need to understand that and move on to another job that fits better with your schedule. Depending on what state you live in, employers generally have the right to fire you for any reason or no reason, just as you have the right to quit. As for unemployment, you'll have to check your state regulations since we don't know what state you live in. What is it with the sense of entitlement people have?

Answer 2

You don't say where you are. My answer assumes US - if you are in a different country the answer might be different.

You aren't available to work when they need you - so yes of course they can fire you, and you are very unlikely to be eligible for unemployment unless the firm decides to just let it go through and not tell the unemployment people why you were dismissed.

Actually in pretty much all states they could fire you for no reason, although then you might be able to collect unemployment. But unless you have more work history than 3 months, in most states you would not be eligible to collect.

Discrimination? No, there are strict legal definitions of that, and having conflicts with a school schedule is not covered as discrimination.

Basically, you don't have a right to a job - the company has a right to employ who they want, when they want.

The comment to the other employee wasn't professional but isn't illegal either.

Answer 3

Neither the rude/inconsiderate actions nor them letting you go due to your schedule change is considered legal discrimination. Discrimination is an action done on the basis of a person's age, sex, race, national origin, ethnicity, religion, disability, military or marital status. www.eeoc.gov

The employer needs an employee to work a certain schedule, your schedule has now changed so you are unable to meet the qualifications of the job. It does not matter that when you were interviewed you discussed your education. At that time your availability as to hours was different than is it now. They were OK with your previous schedule, they are not OK with the new one. Not discrimination, not an issue for the Department of Labor.

As for collecting unemployment there are a few concerns. As a part time worker for a very short time you may not have sufficient funds paid into the system in order to get benefits. Your new schedule may be such that it would be impossible to get another part time job. Some State's Unemployment Act do not cover full-time students, however, there are exceptions. You would be better off trying to get another part-time job through your college placement office.

Answer 4

I can't see any reason why they can't let you go. Your schedule obviously has changed and although you haven't come right out and said it, your availability is most likely less than previously. If your schedule no longer meets their needs, they have the right to let you go. Think about it, they are attorneys. Don't you think they have their bases covered. As far as unemployment, it would depend upon the number of hours you have worked.
My suggestion is to be on top of this situation and find another position where they are comfortable with you new schedule.

Answer 5

They CAN say that they are going to fire you over your school schedule and it is 100% legal to do so.

Terminating you because of changed availability that does not meet their business needs, is not illegal. It's not based on religion, race, etc...and going to school is not a protected class.

Sorry, but considering you are working for an attorney's office, I think they have that base covered pretty well.

Most likely you cannot collect unemployment because small employers are not required to pay into unemployment insurance.

Answer 6

I know in the state of Georgia a business doesnt need a reason to fire an employee. I'd check your state laws asap...google the employment laws for your state.. I doubt they'd fire you, they used to be in school at one point too. Seeing your in a legal attorney office you need to know your rights though...

Answer 7

They are not going to say they are firing you over your school schedule. They will have a new reason to cover that up.

Unemployment you may depending how long your on the job. I'd apply anyway if fired.

Answer 8

You can sue- but that would involve the burden of proof on your part. Unless you can get your co-worker to come to court and testify IN FRONT of your boss- who will probably still be thiers at the time- that the boss did in fact tell them that- you're not going to have any proof that they fired you over your schedule.