I was employed by a local restaurant as a second job and was recently terminated after not working Thanksgiving. On my application I stated I was only available to work on Sat and Sun from 6am to 5 pm. I went to work on the Sat following Thanksgiving to find that I had been terminated for not coming in. I told the manager the Sunday prior that I had to work my full time job. Is it legal to terminate due to this? When I was hired they agreed to me working only those hours.
2007-12-15 14:22:25 · 7 answers · asked by booboo7062000 1 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
How long where you there? If you where fired due to the no show and it was apparent you where hired as a part time worker. They then fired you. That would be considered wrongful termination.
2007-12-15 14:30:29 · answer #1 · answered by Big Deal Maker 7 · 0⤊ 3⤋
EVERYONE has prior commitments on Christmas Eve and Christmas. Most likely when they hired you in early December 2009, since you were new and possibly being trained, gave you those 2 days off per your request. But a year later, they scheduled you to work and just because an application you wrote you wont work and then fail to show up, is no grounds to not work, since obviously they had to find someone else to take your place. When you failed to show up for work that you were scheduled, you in effect had quit your job. In this job economy with so many people unemployed, many people are making all kinds of sacrifices to KEEP their job vs being unemployed. In most jobs, you have to get prior approval to be off for the holidays and usually if approved is done by seniority basis. Your application and texts are worthless and as a right to work state, they can fire you for any reason or you can quit for any reason, and in this case it will be shown that you quit. The next job you find, I suggest you 1st ask if they work on these holidays and if they do, then find another job, since telling an employer you cant work due to prior commitments means nothing. good luck
2016-05-24 03:43:24 · answer #2 · answered by laurel 3 · 0⤊ 0⤋
YOU can sue for wrongful termination but
you have a different problem; unless you have a
specific length employment contract [like
actors do for TV shows and movies], you are
employed at the will of the employer--and you
may leave as easily without being locked into
his-her employment.
I suggest you not bother with the suit but
instead find a new, 2nd employer.
I am sorry for your inconvenience.
happy holidays anyway!
2007-12-15 15:42:01 · answer #3 · answered by kemperk 7 · 1⤊ 0⤋
Yes it's legal to terminate you for not being available when they want you to work, even if you had said you were not available those days when they hired you. Actually, they don't need a reason to terminate you unless they have an ILLEGAL reason such as race or religion.
2007-12-15 14:40:09 · answer #4 · answered by Judy 7 · 5⤊ 0⤋
I agree with the firing.
It was your responsibility to check the schedule and to notify your manager that it was not compatable with your availability. You can't just not show up and say, "Hey, you shouldn't have scheduled me then." It takes someone pretty arrogant to do that, waltz in the next shift, and still expect a job.
Next time, you'll know to check your schedule more carefully.
2007-12-16 05:59:23 · answer #5 · answered by Expert8675309 7 · 1⤊ 0⤋
You can file a complaint with America's Worst Employers. lol..
I found this site a few days ago and I will be filing a similar complaint.
http://www.AmericasWorstEmployers.org
2007-12-16 13:53:41 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If you were scheduled to work and you didn't show up, you were a no show and they can let you go for that.
2007-12-15 14:32:54 · answer #7 · answered by Little Red Hen 2.0 7 · 1⤊ 0⤋