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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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We have an employee who understood that at the end of 1 yr.

Customer Question

We have an employee who understood
that at the end of 1 yr. he was to be on call 1 night a week and every other weekend.
He says no he won't do any night calls. If
he is fired, can he receive unemployment? How does unemployment work? Which is the best way for our small company.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 2 years ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, unless that clause as far as a duty to be 'on-call' is in writing, he is free to refuse because he can argue that it is an unreasonable modification of his position and employment. As such, it won't be 'insubordination' and he would be entitled to unemployment benefits. But if you have it in writing that he must be 'on call', and he refuses, you can argue that this is now a 'for cause' termination for insubordination and challenge unemployment if he files. Ultimately an employee is only entitled for unemployment if termination is 'without good cause' (meaning the employee did not cause the termination due to bad actions or due to violations), or if employee quits over a pervasive and unreasonable hostile work environment, or if you as an employee agree to not challenge. Anything else bars unemployment. Therefore it may be prudent to contact him via email, point out terms in writing, and create a paper trail which, if he agrees to, creates evidence of refusal, and then gives you a basis to challenge unemployment as well.

Sincerely,

Dimitry, Esq.