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 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 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
    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 KimW
    Originally Posted by Kurt View Post

    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.
    That's how it is in Virginia too, and ironically they like to call it a "Right To Work" state, when in fact it doesn't give anyone the right to work, but it gives employers the right to fire for any and no reason at all.

    It's also a union busting technique.
  • Profile picture of the author Thomas
    Originally Posted by Kurt View Post

    In NV, you can be fired for just about any reason.
    Originally Posted by KimW View Post

    That's how it is in Virginia too...
    Are there no laws against unfair dismissals?
  • 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 KimW
    Originally Posted by Thomas View Post

    Are there no laws against unfair dismissals?
    Yes, but as Valerie said, its very hard to prove.
    Its hard to prove race,creed,color,or sex stopped you from being hired and/or got you fired.

    Thats basically what our unfair dismissal laws are based on.
  • 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 CDarklock
    Originally Posted by KimW View Post

    That's how it is in Virginia too, and ironically they like to call it a "Right To Work" state
    There are two halves to the Virginia employment setup. The half where they can fire you for anything makes them an "At-Will Employment" state. You're thinking of the other half, where they can't require you to join a union and non-competition agreements are much harder to enforce.

    In the defence industry, employers always threaten you with NC contracts that basically say you have to go work at McDonald's for three years if you ever leave. But Virginia employment law basically says they can go to hell, and you can work wherever you want.
  • Profile picture of the author Michael Motley
    Originally Posted by KimW View Post

    That's how it is in Virginia too, and ironically they like to call it a "Right To Work" state, when in fact it doesn't give anyone the right to work, but it gives employers the right to fire for any and no reason at all.

    It's also a union busting technique.
    same in florida. I have had quite a few jobs since i've been in florida, and i have had interviewers ask me 'why did you change jobs so much', and i tell them straight up that there isnt a company in this state that has any alliegances to me. If they find someone that will work for lower pay, i'll find myself training my replacement right before i'm fired. So therefore i have no problem with leaving a job when i find someone that will pay more.
  • Profile picture of the author Thomas
    Originally Posted by valerieSONORA View Post

    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.
    Over here, if you added a clause to an employment contract saying your employee can be fired for any reason at all, it would immediately be declared void (that clause; not the entire contract) in the case of any dispute. You'll be dismissed for obvious stuff like redundancy, misconduct, theft, etc. but you can't be fired (or pressured into resigning) if your employer is just having a bad day and decides to take it out on you.

    Originally Posted by valerieSONORA View Post

    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.
    Originally Posted by KimW View Post

    Yes, but as Valerie said, its very hard to prove.
    Its hard to prove race,creed,color,or sex stopped you from being hired and/or got you fired. Thats basically what our unfair dismissal laws are based on.
    Obviously, you can't know all the facts from a single forum post, and I'm speaking from the perspective of someone living where laws are seemingly very different but, having encountered broadly-similar problems in the past as both an employer and an employee, it sounds very much like klandino is being/about to be unfairly dismissed or, more likely, is being lined up for constructive dismissal.

    If that happened here, and the employer and employee couldn't come to a mutually-agreeable solution, it wouldn't go to Court; instead, the matter would be sent to an Employment Appeals Tribunal, which adjudicates on disputes over employment rights, who will determine if the dismissal was carried out in a fair and lawful way. If it wasn't, the employee is usually awarded substantial damages. On the face of it, if everything klandino says in his post is completely true, his employer would lose.

    Instantly.

    Originally Posted by klandino

    I would have to quit resulting in not being able to get unemployment because I would technically quiting resulting in no unemployment
    Is there no mandatory unemployment insurance? Again, speaking as someone living where laws are obviously very different, a portion of the income tax every employee has deducted from their wages pays for (IIRC) about 12 months of "Jobseeker's benefit", which is basically payment to cover your basic living expenses while you seek alternative employment. You can opt to pay for additional cover but everyone gets the minimum, regardless of the reason you became unemployed.

    After that time, if you haven't found alternative employment, and wish to continue claiming that benefit, you will be assigned to a work placement programme.
  • 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 DanPE
    Originally Posted by Thomas View Post

    Over here, if you added a clause to an employment contract saying your employee can be fired for any reason at all, it would immediately be declared void (that clause; not the entire contract) in the case of any dispute. You'll be dismissed for obvious stuff like redundancy, misconduct, theft, etc. but you can't be fired (or pressured into resigning) if your employer is just having a bad day and decides to take it out on you.
    Works out to be the same. You can still be dismissed if your employer is having a bad day. It's just that he won't say it's because he was having a bad day, he would say it's because we're "downsizing" or "rightsizing" or whatever.

    Originally Posted by Thomas View Post

    If that happened here, and the employer and employee couldn't come to a mutually-agreeable solution, it wouldn't go to Court; instead, the matter would be sent to an Employment Appeals Tribunal, which adjudicates on disputes over employment rights, who will determine if the dismissal was carried out in a fair and lawful way. If it wasn't, the employee is usually awarded substantial damages.
    Which he would not be able to collect, because they will just keep appealing.

    Originally Posted by Thomas View Post

    Is there no mandatory unemployment insurance? Again, speaking as someone living where laws are obviously very different, a portion of the income tax every employee has deducted from their wages pays for (IIRC) about 12 months of "Jobseeker's benefit", which is basically payment to cover your basic living expenses while you seek alternative employment. You can opt to pay for additional cover but everyone gets the minimum, regardless of the reason you became unemployed.
    Are you eligible for that if you quit?

    Originally Posted by Thomas View Post

    After that time, if you haven't found alternative employment, and wish to continue claiming that benefit, you will be assigned to a work placement programme.
    Which won't work if there are no jobs available.
  • Profile picture of the author DanPE
    Originally Posted by Thomas View Post

    Over here, if you added a clause to an employment contract saying your employee can be fired for any reason at all, it would immediately be declared void (that clause; not the entire contract) in the case of any dispute. You'll be dismissed for obvious stuff like redundancy, misconduct, theft, etc. but you can't be fired (or pressured into resigning) if your employer is just having a bad day and decides to take it out on you.
    Works out to be the same. You can still be dismissed if your employer is having a bad day. It's just that he won't say it's because he was having a bad day, he would say it's because we're "downsizing" or "rightsizing" or whatever.

    Originally Posted by Thomas View Post

    If that happened here, and the employer and employee couldn't come to a mutually-agreeable solution, it wouldn't go to Court; instead, the matter would be sent to an Employment Appeals Tribunal, which adjudicates on disputes over employment rights, who will determine if the dismissal was carried out in a fair and lawful way. If it wasn't, the employee is usually awarded substantial damages.
    Which he would not be able to collect, because they will just keep appealing.

    Originally Posted by Thomas View Post

    Is there no mandatory unemployment insurance? Again, speaking as someone living where laws are obviously very different, a portion of the income tax every employee has deducted from their wages pays for (IIRC) about 12 months of "Jobseeker's benefit", which is basically payment to cover your basic living expenses while you seek alternative employment. You can opt to pay for additional cover but everyone gets the minimum, regardless of the reason you became unemployed.
    Are you eligible for that if you quit?

    Originally Posted by Thomas View Post

    After that time, if you haven't found alternative employment, and wish to continue claiming that benefit, you will be assigned to a work placement programme.
    Which won't work if there are no jobs available.

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