Employment Law

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I have a question about my former employer canceling my last…

Customer Question
Hello I have a...

Hello I have a question about my former employer canceling my last scheduled shift without notice

Lawyer's Assistant: Have you discussed this scheduling issue with a manager or HR? Or with a lawyer?

No

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I called the restaurant on Memorial day afternoon and asked if i was needed and if i can be put on the list to be given the night off if we are slow. The manager on duty said "I do not want to speak to the managers coming in so you have the flu?" "you are sick i will put u down as a call out" i said ok thank you under the pretense that he is allowing me the night off the following day is my last day with the company and i wake up to my shift being deleted. The manager on duty never left a note or explained to the night manager that i was given the night off. and there fore they thought i No Called No Showed and essentially fired me. I have records of all my correspondents and the managers responses and apoligies

Submitted: 2 months ago.Category: Employment Law
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Answered in 4 minutes by:
6/8/2018
Employment Lawyer: RobertJDFL, Lawyer replied 2 months ago
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 15,309
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. Just to make sure I'm understanding you correctly, are you asking if it was legal for the employer to fire you?

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Customer reply replied 2 months ago
No. I was wondering if it's legal to take away a scheduled shift under those circumstances. If the manager on duty would have told the night manager that I was given the night off (Monday night). I would have worked my last shift (tuesday) and not lost out on income and would have been able to say my goodbyes. I put in my 2 weeks in writing and was even scheduled past my last day. I gave them the courtesy of finding coverage from Wednesday to sunday when technically i was no longer an employee. I emailed my general manager and even have txt from him apologizing about the "huge" mistake
Employment Lawyer: RobertJDFL, Lawyer replied 2 months ago

Thank you for your reply and clarification.

Unfortunately, it is legal. As an "at will" employee (that is, you have no contract or collective bargaining agreement) an employer not only can you be terminated at any time with or without cause, but the employer can change schedules -including adding hours or taking away shifts -as they wish. Basically, the law sees this as a "business decision", and employers are allowed to do what they believe is necessary to operate their business. It would be different, perhaps if you had an employment contract that guaranteed you a set schedule or specific hours, for example.

I understand this was their mistake -but legally you are without any kind of recourse in this situation. I know this is not what you want to hear, and I do not like to give people bad news, but it would not benefit you in any way to simply tell you something that wasn't true.

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Employment Lawyer: RobertJDFL, Lawyer replied 2 months ago

Please let me know if I may clarify anything for you or if you need any additional information. I'm happy to help any way I can! If not, please kindly take a moment to leave a positive rating for me by clicking on the stars at the top of the page. Thank you so much for your time.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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