is this an illegal job termination?

Question

My manager fired me today because I told him I couldn't work whole day on Sunday after he asked me to since I have other things to do, and my usual schedule is half day on Sunday. He didn't notify me a head of time. He also told me that he fired me because he doesn't like me. Even though he's not the boss, just a manager of a restaurant I happened to work at. Was that firing fair?

Answer 1

No, it wasn't a fair, a manager can not fire you just because he doesn't like you. Get in touch with his boss, if he/she doesn't do anything go over his/hers head.

Answer 2

If you were hired to work on Sundays & you refuse to, then he would have a right to fire you. Were you put on the schedule to work the whole day & when you came in you said you wouldn't work the whole, then he may have the righ to fire you. If he scheduled you to work a half day and didn't ask you to work the whole day until you got there, then he may not have had the right to fire you. Did he have other employees that he did the same thing to and didn't fire them, then he probably did not have the right to fire you. He should not have added he fired you because he didn't like you. (which he will probably deny he said)



If you have been an ideal employee (never late, never calling in sick, employee of the month, doing more than required, etc.), he probably would not have fired you or shouldn't have.



If you have been the ideal employee, then you may try calling "the boss" and discussing the situation with him. But don't do it if you can't be adult about it and no matter what the outcome you should thank him for this time and learn from the situation so you don't put your self in that type of situation again.



Remember your hired for a job because they need you to work

Answer 3

If you work in the US, you are probably an "at will" employee. That means that you can be terminated at any time, with or without notice or cause. An inability to work the hours required by the employer is a legitimate reason to terminate an employee.



However, you do need to examine precedent here. If, for example, the manager's girlfriend gets to take Sundays off with no notice while everyone else is expected to scramble to cover her shift, that is disparate treatment. If your manager doesn't like you (despite your excellent performance reviews) because you are the only female Hispanic employee in a group of white males, that could be discrimination.



Examine this from all angles to make sure you haven't overlooked anything. If you have concerns that you think are legitimate, visit www.dol.gov for more info about what could constitute a wrongful termination and how to pursue a claim.

Answer 4

You actually need to check a few things to determine if this was illegal or not - even with an employer fire at will law - Most companies are still required to give you a verbal warning then a written warning and then another written warning or termination - Terminating immediately usually only comes with stealing - or disrespect - insubordination -



if youve never been written up for anything you should have been for failing to work your scheduled shift - ( if it was on the schedule ) if it wasnt on the schedule you are not required to work more than what was posted on the schedule when it was placed up - even if you would have called in they cant fire you for missing one day - you should go to the labor board and or the dept of labor - to make a complaint and until you find another job collect unemployment - because if they wrongly fired you ( wich i feel they did ) they will have to pay your unemployment - - sweet victory in a sence i know youd prob rather have your job but if you cant join them beat um !

Answer 5

Unfortunately, there is nothing illegal about the firing. I would talk to the boss and tell him what happened to see if you can get your job back. The fact that this manager actually made the statement "I don't like you" may scare him into hiring you back for fear of legal consequences (although there are none, but he probably doesn't know that.)

Answer 6

It depends on what state you live in and the laws governing that states employment practices. Most states are "at-will" employment states which means they can fire you for any reason so long as it is not based on race, gender, age, or religion. From what you describe, it may not seem fair. But it does not sound illegal.

Answer 7

thats is more of a question for your unemployment review. However keep in mind that if you live in a "right to work state" they can virtually fire you for anything they want to. Too little info but just collect unemployment and move on to something else.

Answer 8

It probably is shady but I suspect that you can find another job of that type very easily. I would tell the big manager at the very least.

Answer 9

Talk to The Boss, or do a law suit.

Answer 10

If you live in a right to work state it's legal. However, you can get unemployment most likely.

Answer 11

No, he can't fire you cuz he doesn't like you. Complain is your best friend in this case

Answer 12

I wouldn't say it was fair but it isn't illegal.