View Full Version : I've been working as waitress for over a year Saturday morning I was late
t1234567
Jun 21, 2010, 02:13 PM
I've been working as waitress for over a year Saturday morning I was late and a stand in manager told me to go home and to call the manager. I called the manager and he would not answer. After several unanswered call I sent him a text and said if he didn't get back to me I would have to call the general manager. Today he fired me for undermining him as a manager. He refused to answer my call. Can I be fired for this??
Eileen G
Jun 21, 2010, 03:00 PM
It depends on the law in your area, but here you would have to be given notice and a warning about abusing chain of command etc.
Did you have a full year of continuous employment? You rarely have a case if you were there for less than a year, unless it involves pregnancy or sexual discrimination.
Do you have a union rep who could help you here?
t1234567
Jun 21, 2010, 03:55 PM
Yes I have over a year of continuous employment and never received any kind of warning at all. And no unfortunately it's a non union establishment.
t1234567
Jun 21, 2010, 03:55 PM
Yes I have over a year of continuous employment and never received any kind of warning at all. And no unfortunately it's a non union establishment.
ballengerb1
Jun 21, 2010, 04:00 PM
Most employment is considered "employed at will" You can be terminated for no reason at all. You were in the wrong, he should have called you but youi should not have said you'd go over his head.
t1234567
Jun 21, 2010, 05:41 PM
And this is fair employment??
ballengerb1
Jun 21, 2010, 05:46 PM
Some managers are more fair than others, some are very touchy when you tell them you are about to call their boss. I am not trying to be rude but am trying to tell you how they see it, I've been on both sides.
Wondergirl
Jun 21, 2010, 05:48 PM
And this is fair employment???
Yes, it is. Employment at will means they can fire you with no notice just as you can walk off the job and quit with no notice. What's good for the goose is good for the gander. The public library I worked at had set this policy some years ago. It was used once by the library to fire someone and used another time by an employee who walked off the job, no questions asked.
Fr_Chuck
Jun 21, 2010, 07:16 PM
It sucks, it is not fair, but it is legal, they could just fire you because they wanted to, did not really need a reason, But they can for being late, and so on.
This appears to be a larger firm, so appeal this firing to the human resourse department
Athos
Jun 22, 2010, 06:48 AM
Yes, it is. Employment at will means they can fire you with no notice just as you can walk off the job and quit with no notice. What's good for the goose is good for the gander. The public library I worked at had set this policy some years ago. It was used once by the library to fire someone and used another time by an employee who walked off the job, no questions asked.
No, it isn't. At-will employment is grossly unfair and assumes an equal power balance between a corporation and an individual which does not exist in reality. There is no legal requirement for an employer to act in good faith with an employee who is fired. (There are some exceptions - discrimination, sexual harassment, etc.).
For the original poster - the options open to you depend on the state where you live. Also, is there a handbook describing personnel policies? See what is written about firing employees.
Wondergirl
Jun 22, 2010, 07:48 AM
For the original poster - the options open to you depend on the state where you live. Also, is there a handbook describing personnel policies? See what is written about firing employees.
Your local public library will have employment information for your state in their reference department in print or will help you find it online, if there is a Web site.
excon
Jun 22, 2010, 08:37 AM
Can i be fired for this???Hello t:
Yes, you can, as you've been told. You've also been told that it's unfair, but I disagree. What is eminently fair about it is, that when you're at work, you know that the workers are there because they WANT to be there and the boss WANTS them there.
excon