I had an employer fire me due to not working a shift that I put on my application that i was not available?
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I had an employer fire me due to not working a shift that I put on my application that i was not available?
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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.
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Big Deal Maker
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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. |
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Judy
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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. |
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Expert Realtor
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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. |
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There - Take That
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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. |
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kemperk
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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! |
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donatetoymca
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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 |
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