How the H$LL do you get fired on your day off?

by 54 comments
So just wanted to see if anyone has ever been fired on their day off? Saturday night I get a call from work and they say I need to call them asap. I work in a restaurant and Valentine's Day was the next day. So when I wake up in the morning I go by work to see what they wanted and the owner said I have to work tonight. Well it is my scheduled day off and I had plans with my family. Well his restaurant sank on Saturday night and he told me I have to work and I told him no because I already have plans with my family. I have been there for three years and do management work for minimum wage and am a server. I do this gladly for them because they are supposedly my friends. Well to make a long story short I am being the scape goat for him having a bad night and now wants to fire me or change my schedule to day time (which I can't do because my wife works during the day and we have three kids youngest being 19 months) and knows that I can't work it so I would have to quit resulting in not being able to get unemployment because I would technically quiting resulting in no unemployment.

Anyways just wanted to see if any one else has been fired on their day off?
#off topic
  • Profile picture of the author Killer Joe
    It's sounds like there will be an attorney in your future...

    KJ
  • Profile picture of the author klandino
    I was thinking the same thing, but want to see how it plays out.
  • Profile picture of the author Kurt
    Originally Posted by klandino View Post

    So just wanted to see if anyone has ever been fired on their day off? Saturday night I get a call from work and they say I need to call them asap. I work in a restaurant and Valentine's Day was the next day. So when I wake up in the morning I go by work to see what they wanted and the owner said I have to work tonight. Well it is my scheduled day off and I had plans with my family. Well his restaurant sank on Saturday night and he told me I have to work and I told him no because I already have plans with my family. I have been there for three years and do management work for minimum wage and am a server. I do this gladly for them because they are supposedly my friends. Well to make a long story short I am being the scape goat for him having a bad night and now wants to fire me or change my schedule to day time (which I can't do because my wife works during the day and we have three kids youngest being 19 months) and knows that I can't work it so I would have to quit resulting in not being able to get unemployment because I would technically quiting resulting in no unemployment.

    Anyways just wanted to see if any one else has been fired on their day off?
    Out of curiousity, what restaurant in LV?

    I'm guessing you aren't a member of the Culinary Union?

    In NV, he isn't going to win a case for being fired.
  • Profile picture of the author klandino
    It is in Summerlin and not part of the union unfortunately. The problem is he is just going to try and make it so I no call no show which in effect is just like me quiting.
    • Profile picture of the author Kurt
      Originally Posted by klandino View Post

      It is in Summerlin and not part of the union unfortunately. The problem is he is just going to try and make it so I no call no show which in effect is just like me quiting.

      In NV, you can be fired for just about any reason. And, when you filled out an application, it likely said something like "This job can be ended at any time".

      About the only thing you can do is to move on and try to find another job, which isn't easy in LV right now.
    • Profile picture of the author Kay King
      The company I work part-time for just moved 7 dealers from day shift to swing shift to balance the customer load.

      These folks have worked daytime hours for YEARS - but the choice they have is take the new shift or they're out. The decisions weren't seniority based - but were based on those with the lowest job performance evaluations being moved. These are workers who refused to work an extra day during busy times, called in sick a lot, did the minimal work required. Is that legal here? Sure is.

      He asked you to work extra - you said no. He needs someone on that shift that is willing to do extra when required. Doesn't matter what the pay scale is - in a job where the business serves the public workers are often required to be flexible during peak periods. It can be frustrating for employees, but it's often reality of the job.

      Not saying whether it's right or wrong - but businesses work like that.
  • Profile picture of the author klandino
    I know it is really hard but I really need to sit down and look at what I have learned over the years here at the WF and figure out what it is that I am really good at and find a way to make it work! Not for me but for my family. I am definitely not one to live off the Gov. and want to support my family even if it means working at McD's for awhile to keep the family afloat.
  • Profile picture of the author klandino
    See the problem is that I am the longest employed employee there and have an awesome work ethic and go way above and beyond for them. I never call in sick and even when they lose a manager I go in and manage for them so they have someone there. I even train there new managers when they come in because I am the only one that truly knows how their business runs. They even call me and ask me how to do certain things that they don't know how to do. So it is just a crappy situation and I am hoping that they are doing this out of hast and not spite.
    • Profile picture of the author Eric Graudins
      Originally Posted by klandino View Post

      See the problem is that I am the longest employed employee there and have an awesome work ethic and go way above and beyond for them. I never call in sick and even when they lose a manager I go in and manage for them so they have someone there. I even train there new managers when they come in because I am the only one that truly knows how their business runs. They even call me and ask me how to do certain things that they don't know how to do. So it is just a crappy situation and I am hoping that they are doing this out of hast and not spite.
      Well, sounds like you are iin an unusually strong position.
      From what you've said, I'm guessing that they might call you up at some stage, beg forgiveness, and seek your help with training, etc..

      Just be very professional, and tell them that you are now a consultant, and will help them out at 5 times the rate at which they were paying you before.

      And stick to your guns about it.

      regards,
      Eric G.
    • Profile picture of the author Mark Blaze
      Originally Posted by klandino View Post

      See the problem is that I am the longest employed employee there and have an awesome work ethic and go way above and beyond for them. I never call in sick and even when they lose a manager I go in and manage for them so they have someone there. I even train there new managers when they come in because I am the only one that truly knows how their business runs. They even call me and ask me how to do certain things that they don't know how to do. So it is just a crappy situation and I am hoping that they are doing this out of hast and not spite.
      Then surely if you are actually fired and he doesn't come back soon and ask for you back then he is going to realize what a good asset to the business you are?

      It seems you have the upper hand but don't even know it yet and nor does your old boss.

      What i would do right now is work on a plan that is guaranteed to make you around the same amount of money that you make at your job but online.

      Then while you are fired work on it... work on it hard and keep working on it until he calls you back or fires you properly or whatever! You could even just go and eat in the restaurant and take as many people as you can with you everyday just so he is really really busy all the time (don't let him know they are your friends) and thus he has to either re-hire you or he hires others and he will have to train them etc etc!

      You just gotta work through this and make the most of it!

      Mark Blaze
  • Profile picture of the author valerieSONORA
    Isn't is like that everywhere? Every application I've seen has always said in fine print, that the employer or employee can terminate employment at any time for any or no reason and you have to sign it.

    Thomas, if it's because of discrimination, yes. But then you'd have to prove discrimination which isn't always easy. It would be employers word vs. former employees word. Those suits are hard to win.
  • Profile picture of the author vivekg
    What Kim has said is right, Its hard to prove in this case. The owner has played it nice, so he does not get into trouble. anyways sorry to hear about your job Klandino.
  • Profile picture of the author Dale_Anthony
    A while back I used to work in the Teamsters.

    It's the only job I've ever worked at where I saw a supervisor (making $32,000 a year) and an employee (making $60,000 a year) get into a fist fight.

    The supervisor lost his job...the Teamster kept his.

    I've seen guys load cars onto trains doing 60 mph in the traincar....crash...cause thousands of dollars in damage...and three months later after arbitration get their job back.

    Now I strip and wax floors in a hospital (a non union job) and I'm going through the same thing you are.

    It doesn't matter how hard you work, how good your attendance record is, how nice and respectful you are to the patients and visitors.

    If you don't kiss the supervisors ass and coware down before them, they'll play the exact same games you've described above. And no, the law isn't on your side unless you have absolute proof.

    Time we both get a back up plan.


    ................
  • Profile picture of the author valerieSONORA
    Yeah laws are very different Thomas. Here, in most cases an employer can fire an employee for any or no reason, it's their right, and there's nothing the employee can do about it in almost all cases. (Just like an employee can quit at anytime for any reason) Unless u can prove you were fired cause of your race, gender, age, religion, familial status, etc. you don't have a case. And no employer is gonna admit that so you'd have to have some kind of proof, which is only in very few cases. Just like its illegal to not be hired for the same things, but how can anyone prove they weren't hired cause of their age, race, familial status, gender,whatever? You can't.

    OP hope your employer cools off and doesn't fire you. Or maybe there's something better for you out there. (If there's any good jobs left in this economy!)
  • Profile picture of the author HeySal
    Of course, the employment laws are stacked for Companies here, Thomas - who else has the money to pay to have laws enacted in their favor?

    A contract, though, is a contract. If you sign a contract that gives explicitly the hours you are to work, and they don't stick to their end then fire you for insisting on your contracted hours, they can be sued for breach of contract. You just have to read those contracts very carefully and act on them before the company gets a whif that you are doing so or they will cover their tracks quickly, too.

    One company here worked a guy 15 hours a day til he dropped with a coronary -- then called him IN THE HOSPITAL to fire him right after his doctor had told him he needed to stay unstressed. Not sure how that lawsuit ended up but since there was a medical issue (he was actually fired because they drove him to be laid up from work) he might have been able to pull a lawsuit off in his favor.......no guarantee though.
    American workers are becoming the new chocolate kid slaves of the Western world. You put up with any damned crap they dish out or you look for a new job. Period.

    I don't put up with the crap - you treat me like crap when I'm doing my best for you and you find someone else and you train your OWN personelle, I'm not gonna train em for you.

    As far as vivekg - I realize these people are your "friends" but did it ever occur to you when they were using you to train managers then give managers more pay than you that you should have been going elsewhere?

    If people were to stand up to the companies like they did in the past, companies would have to act straight. But workers are now in the majority snivelling cowards who will be beaten like dogs before they get the drift that the only reason a company can act in such a fashion and not fold is because the workers eat every bit of crap dished to them. You act like a slave, it should be no surprise to be treated as such.
  • Profile picture of the author Kurt
    Where it gets even worse is the trend towards employers trying to say their workers are "independant contractors", so they don't have to pay workman's comp, unemployment, over-time or matching social security.
    • Profile picture of the author seasoned
      Originally Posted by Kurt View Post

      Where it gets even worse is the trend towards employers trying to say their workers are "independant contractors", so they don't have to pay workman's comp, unemployment, over-time or matching social security.
      That ****WAS**** the trend. The IRS has a LOT of rules dictating when they will say *****NO WAY*****! Independent Contractor (Self-Employed) or Employee?

      And quite a while ago, M/S tried to hire people as contractors. When the contractors found out about the sweetheart deals the employees were getting, they said "WE WANT THAT!". M/S said "NO WAY!". They were taken to court, and the "contractors" WON! Frankly, outside of this contract, NOBODY kept me for more than 13 months. Not even the place that had me working for 5 years(about 1 year at a time). They were all scared because of the M/S suit, even though I CAN'T be their employee! Anyway, misclassifying a person can cost the company a LOT.

      Of course, in the supposed "right to work" states, it seems they could slip out on a technicality. They could avoid some benefits by limiting employment. USUALLY that can't be done unless stated up front, but the RTW states seem to allow it ALL THE TIME. Just fire them before the benefits are required. Of course, people have been sued for that when there was an obvious pattern.

      Steve
  • Profile picture of the author Super_Vendor
    damnnnn Craig!
  • Profile picture of the author Michael Motley
    probably BECAUSE they go tired of ALTERNATING CAPS in interOFFICE emails.
    • Profile picture of the author seasoned
      Originally Posted by Michael Motley View Post

      probably BECAUSE they go tired of ALTERNATING CAPS in interOFFICE emails.
      FuNny!!!! 8-)
  • Profile picture of the author tweetzon
    dude if i were you , i would just stick to my freaking computer 24 hours and stay serious on my internet business lol. then u can fuk your boss up before he know
  • Profile picture of the author valerieSONORA
    Sticking to your puter 24 hours makes you fat Unless you type while walking on a treadmill.

    Ok now it's brought up I have wondered: IF seasoned IS capable OF writing A POST without SO many CAPITAL words IN EVERY single POST cause I HAVEN'T seen ONE single POST without SO MANY capital WORDS BY him EVER. It's KIND of LIKE alternating BETWEEN regular and CAPITAL. MAYBE it's a HABIT.

    Oh what's the topic? Oh yeah. Well send an update OP on if you got fired or not.
    • Profile picture of the author seasoned
      Originally Posted by valerieSONORA View Post

      Sticking to your puter 24 hours makes you fat Unless you type while walking on a treadmill.

      Ok now it's brought up I have wondered: IF seasoned IS capable OF writing A POST without SO many CAPITAL words IN EVERY single POST cause I HAVEN'T seen ONE single POST without SO MANY capital WORDS BY him EVER. It's KIND of LIKE alternating BETWEEN regular and CAPITAL. MAYBE it's a HABIT.

      Oh what's the topic? Oh yeah. Well send an update OP on if you got fired or not.
      OK, IS THAT BETTER? I HIT SHIFT LOCK, AND WON'T BOTHER HITTING THE SHIFT BUTTON, FOR ALPHA CHARACTERS. BTW, STICKING TO YOUR COMPUTER 24 HOURS A DAY MAKES YOU SKINNY. AFTER ALL, HOW CAN YOU EAT? I WOULDN'T RECOMMEND STARVATION THOUGH. 8-(

      STEVE
  • Profile picture of the author seasoned
    Kurt,

    That site was written quite some time ago. I first looked at it a few years ago. I was curious after hearing about the M/S court case, etc... I can tell you the BIGGER companies certainly know about this.

    Steve
    • Profile picture of the author Kurt
      Originally Posted by seasoned View Post

      Kurt,

      That site was written quite some time ago. I first looked at it a few years ago. I was curious after hearing about the M/S court case, etc... I can tell you the BIGGER companies certainly know about this.

      Steve
      Steve,

      That's **NOT** my point.

      IN addition to knit-picking, you need to work on context. My original post was about how companies try to take away certain things, and ***NOT*** about the definition of the word "trend".

      Now let's play your game and argue over what "bigger" means, instead of focusing on the general theme of this thread, which is how people get screwed by companies.

      Not to mention, small business is the number one source of jobs in the US.

      And yet again, your point just backs me up...Why are the "bigger" companies aware of this? I say it's because of the TREND over the past 20-30 years for them to try to make employees into independant contractors so they don't have to pay unemployment, matching social security or workman's comp.
  • Profile picture of the author valerieSONORA
    Wish there was something to help with unemployment here.

    From what I know, a high unemployment rate, many businesses went out of biz, many others moved countries, some people have been searching a loooooong time for a job and haven't found anything, some people have been actively searching for work for an entire year or more and haven't been hired, some people with college degrees are working at fast food places for near minimum wage cause they couldn't find anything better and finally accepted whatever they could get.

    Unemployment runs out, welfare runs out (and the amount is so low to be laughable unless you're Octomom), many people don't even qualify for welfare or other assistance. I know someone who has a stable, good job at a college and has half her family flopping at her house cause they have no jobs or money so her house is jam packed full of layoff, out of business, and mcdonalds wont even hire me victims. Hope things change Soon!

    Dunno much about Ireland but seems the unemployed fare much better there.
    • Profile picture of the author Thomas
      Originally Posted by valerieSONORA View Post

      Dunno much about Ireland but seems the unemployed fare much better there.
      Well, I don't want to give the wrong impression: what I was talking about is a form of insurance designed to pay basic living expenses if you become unemployed for whatever reason. It's purpose is to tide you over until you find something else (locally, or nationally, or in another EU State, or further afield, or start your own business...whatever it is). The majority of people do eventually end up doing something else on their own volition and then payments cease. When they take up work again, they resume paying that insurance (or, if they end up working outside Ireland, they can join a voluntary insurance system).

      However, a minority don't find something else by the time their payments cease. At that point, the State becomes pretty intrusive: You can continue to receive some forms of payment for living expenses (i.e. you go on the dole) but your skills, experiences, aptitude, etc. will be analysed left, right, and centre and, if it comes down to it, you will be compelled to attend interviews, take up work placements, engage in further education and training, or whatever may be deemed necessary to get you back to economic productivity at some point. In other words, I guess you could say the State becomes Big Parent (as opposed to Big Brother), although hardly with the same motives as an actual parent; at the end of the day, the State wants people to be tax payers, not tax receivers, and the purpose of the system is convert them back (from receivers to payers).
  • Profile picture of the author Dave Patterson
    Your explanation was very enlightening Thomas...thanks!

    Sounds like a very good system overall.

    PS- Do you have a spare room to rent? I've just decided I wanna be Irish.
    • Profile picture of the author valerieSONORA
      Originally Posted by Dave Patterson View Post


      PS- Do you have a spare room to rent? I've just decided I wanna be Irish.
      Can you handle the cold? :p If you could move Ireland about 5,000 miles south and get rid of all the leprechauns I might go there too.
  • Profile picture of the author valerieSONORA
    I've never been called DanPE before

    Anyway looks like people get a lot more help over there getting back on their feet. Wish we had more of that here to help people who just need a helping hand. Some ppl are able and willing to work-they just can't find any. Meanwhile as they can't pay for living expenses things get worse and worse.

    On the other hand, what stops anyone who's lazy, useless, or just would rather have fun than work from spending several years on benefits rather than work a job they may not like and pay heavy taxes? I mean if you could get a paycheck for hanging out with your buddies and partying, never having to set the alarm, then why not, if no work ethic was instilled in them?

    I can see Big Parent trying to get people to interviews or getting skills, but they can't physically force them.

    Would be nice if there was something here where disadvantaged/unemployed/poor people could go to some type of college/vocational school for free to gain new skills for a new career path. There are many people willing, they just don't have the money to be ale. Tuition prices are ridiculous. There are grants from some, if you qualify, but tuition is so high that the grants usually just pay part of it. Don't even get me started on $200 textbooks.

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