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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5630
Experience:  Exclusively practice labor and employment law.
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Can an employee fire u if you tell them that you can not come

Customer Question

Can an employee fire u if you tell them that you can not come on a Sunday to a training session
Submitted: 2 years ago.
Category: Employment Law
Expert:  John replied 2 years ago.
Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. I'm sorry to hear about your job loss.
I'll need to ask you some preliminary questions before I can give you an answer to your question. Are you in a union or do you otherwise have a contract for "just cause" (as opposed to “at will" employment which is the default employment condition)? Do you think the manager who terminated you had an ulterior motive in terminating you, perhaps your age, race, gender, disability or religious beliefs?
Customer: replied 2 years ago.
Not in union yes
Expert:  John replied 2 years ago.
What is the ulterior motive you believe your manager had in terminating you? Explain with as much detail as possible please.
Customer: replied 2 years ago.
I think that she don't like me because I stand my ground not in a nasty way she really don't know me she has only been my manager for about 3 weeks
Expert:  John replied 2 years ago.
I see. The issue you have here is one that is not fair but it is not illegal. Here is the bot***** *****ne from a legal information standpoint. Georgia like most states is an employment at will state - meaning you can be disciplined or terminated for any reason that is not otherwise a violation of law. These exceptions are the civil rights protections (e.g., age, race, sex, religion), violations of public policy (e.g., fired for attending jury duty, for refusing to break the law, for reporting illegal activity by the employer (aka a "whistleblower violation"), or having some contractual right to a just cause employment (meaning the employer cannot terminate you without industrial due process - which basically insures a fair and accurate investigation and decision). Without any of these exceptions, courts find that the employer has a legitimate business right to operate its business however it sees fit and the court will not second-guess the employer. These policies and decisions may in fact be awful and clearly not fair or even make good business sense. However, they are not ultimately unlawful.
It is not illegal to require an employee to work on a Sunday. Further, it is not illegal to terminate employees because they stand up in defense of themselves. You need something more, like being terminated because of your age or race to be have a legal remedy. Although you certainly would qualify for unemployment compensation in this instance.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers; otherwise the website just keeps your payment and doesn’t credit me at all. Thank you.
Customer: replied 2 years ago.
But all I said is that I would not be able to come on Sunday and she said then I no longer need u if u can't come on Sunday I only work part time there
Expert:  John replied 2 years ago.
I understand that's really poor management and really not a good reason to terminate anyone. However, it's just not illegal.
Expert:  John replied 2 years ago.
I am sending you this follow-up to determine if you require further assistance with your matter. I believe I have answered your question to the best of my abilities. I truly enjoy helping others with my knowledge and experience, and I believe I provide a valuable service. If you agree that my response was of value to you, please support my endeavor to share my knowledge by providing positive feedback; it is the only way I get credit for the knowledge I share. Thanks.