Fired without informing the employee. Illegal?
I worked at this store for the whole first semester of my school year. Second Half I decided to join drama, which would take up 3 days out of the week. Keep in mind my schedule changes, it's unpredictable how many days or even which days for that fact I would work. I very often worked Tuesdays, Thursdays, Saturdays, and Sundays at night. Drama took over the Monday, Wednesday, and Friday workdays. I informed my boss of this in the very beginning, while I still had a chance to back out of it, He told me it would be fine and that we could work around it. Weeks went past and I still had no shifts, I texted him and he never texted me back. I even went in one day and he said he would be putting me back on the schedule next week. MONTHS passed by, we finally finished the Spring Production for Drama. I saw that my former coworker was online and messaged her and informed her that I was going to be able to go back with a full week availability, she then brought to my attention that I had actually been fired over a month ago. Not one word from my boss, he simply hired someone else and said he didn't have time for me to work. I still have not heard a word from him. I'm frustrated, because if I had known earlier, I would've began applying for new jobs right away. Is this legal for him to not inform me?
- yn_tennisonLv 49 years agoFavorite Answer
This can actually be a tricky answer. If an employer wishes to terminate your employment agreement then most states would agree that he would have to inform you...BUT there is nothing requiring him to pass this information in a manner convenient to you (ie phone, text, e-mail, or regular postage). If he chooses, he could opt (at his discretion) to inform you of your termination in person. In your background information you mention texting him, did you ever actually go in to see him in person? If you didn't then there may be nothing you can do because he'll simply state that he intended to discharge you but you never came in for him to do so. Additionally, in order for a lawsuit against him to be successful, you would have to show that you exhausted all reasonable means at your disposal to resolve the issue. Again, if you didn't go to see him in person, then you have not met this standard. Furthermore, if you live in an at will state (such as Washington) then you have even less juice because even if you were to consider your agreement to work around your drama schedule to be a binding contract it would be superseded by the law which would allow him to terminate your employment without giving you a reason.
At this stage, your best bet is to forget about him an move on, but I'll leave you with this: An employer will always put their needs ahead of your own regardless of what casual agreements you may make. Personally, I've met literally hundreds of employers (including two who I've worked for) who tell potential (and current) employees that they will work around school schedules. To date, not one of them has.Source(s): Employment Counselor for Washington ESD.
- xxx000auLv 79 years ago
Its all a little hard to know as there are just so many possible employment arrangements.
I had a friend who ran a small fast food shop. He only employed school age girls, I recall several times when it suited him he would so similar to what you describe and when I asked why he said as they are casual he is free to do this. Yet it was amusing when one of the girls did this to him. She just did not show up and when I asked him about it he agreed that this was the same as how he treated them, and yet he was offended as they did not tell him in advance.
In this case that you speak about, I cant see how he was not at a minimum required to write and say thank you but no thank you.
- Mr WarriorLv 79 years ago
If your a casual employee.
Then yesm they can roster you on and off whenever they please.
Also roster you off permanently if thats what they want.
Thats the downfall of casual employment.
You get paid a higher wage, than a permanent employee in return for your job being unstable.
- 9 years ago
sue sue sue :)
small claims court
you can sue him/the company for withholding important information and you should be given the money that you would have been making had he not lied to you all this time.
in this case, a months worth ?
you would be suing for what he owes you as well as the cost of taking him to court :)
link for california small claims help: http://www.courtinfo.ca.gov/selfhelp/smallclaims/Source(s): they can roster you, like the guy above said, but they must inform you of your status. especially when you fired. that's called termination. it's your employer's duty to inform anyone that he/she is being terminated/fired.