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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12801
Experience:  Significant experience in all areas of employment law.
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I work at a job that had me working 7 days a week and i was

Customer Question

I work at a job that had me working 7 days a week and i was getting 43 hrs in 7 days and my director wrote me up because i was getting 43 hrs in 7 days. so he took 1 day away from me and now i get 38 hrs a week. now i work 6 days a week and now he has written me up with a final warning and termination if i dont work 33 hrs in 6 days . he told me i was costing the company money but im not getting any overtime. Do i have any rights?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Expert:  Patrick, Esq. replied 1 year ago.

the general rule is that employment in the state of Virginia is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true.

Unfortunately what this means is that an employer is not breaking the law by disciplining you based on the perception you are costing the company money by not working enough, or by working too much. Simply put, the law does not govern an employer's ability to demand whatever they see fit from employees and to release employees who do not meet their subjective expectations. This holds true even if those expectations are completely untrue and completely unreasonable.

So, I'm afraid to say this is not a situation in which you would typically have any legal rights. It is a situation in which you must exercise your power of persuasion to convince your manager that the standards he is attempting to impose are unfair and unwarranted. You may also wish to elevate your complaint to HR or your manager's manager.

I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less. If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Expert:  Patrick, Esq. replied 1 year ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get paid for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.