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Can I Be Fired For This?

can I be fired for this?
Started by heavenlyme , Dec 09 2013 01:09 PM
Please log in to reply
5 replies to this topic
1 posts
Posted 09 December 2013 - 01:09 PM
so new management has taken over the Hotel I work for.  But they haven't been around for 3 days.
  there is no schedule and I have worked 3 days (8 hour days) without a break or a lunch.  Also the employee that comes on after me sometimes doesn't show up for his scheduled shift.  I have asked the current management http://the-workers-compensation-attorney.com to help me because I cant keep staying later.  So my question is...If I just leave after my shift when he doesn't show up can I legally be fired?
4,017 posts
Posted 09 December 2013 - 02:11 PM
You didn't identify a state.  Generally, unless you are a union member covered by a CBA or have a written contract of employment, you are an at-will employee that can be terminated at any time for no reason at all. 
2,409 posts
Posted 09 December 2013 - 02:56 PM
so new management has taken over the Hotel I work for.  But they haven't been around for 3 days.
  there is no schedule and I have worked 3 days (8 hour days) without a break or a lunch.  Also the employee that comes on after me sometimes doesn't show up for his scheduled shift.  I have asked the current management to help me because I cant keep staying later.  So my question is...If I just leave after my shift when he doesn't show up can I legally be fired?
 
New management often bodes ill for existing employees.
 
You might be wise to polish up the resume and start looking for work elsewhere before the axe falls.
Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.
16,346 posts
Posted 09 December 2013 - 03:29 PM
Also the employee that comes on after me sometimes doesn't show up for his scheduled shift.  I have asked the current management to help me because I cant keep staying later.  So my question is...If I just leave after my shift when he doesn't show up can I legally be fired?
 
That depends on the applicable state law, and you did not mention the state. However, in at least most states the employer would not violate the law by terminating you for leaving the job before the next shift worker arrives. When the employer is not a government agency, then the employer may legally fire you for any reason (or no reason at all) except for a few reasons prohibited by law. The prohibited reasons include firing you because:
of your race, color, religion, sex, national origin, age, disability, or genetic test information under federal law (some states/localities add a few more categories like sexual orientation);
you make certain kinds of reports about the employer to the government or in limited circumstances to specified persons in the employing company itself (known as whistle-blower protection laws);
you participate in union organizing activities;
you use a right or benefit the law guarantees you (e.g. using leave under FMLA);
you filed a bankruptcy petition;
your pay was garnished by a single creditor or by the IRS; and
you took time off work to attend jury duty (in most states).
70 posts
Posted 10 December 2013 - 10:08 AM
I agree with everything else people are saying and this isn't exactly advice, but consider this, if the new management company isn't firing the person who comes on for the shift after yours who is not bothering to showing up for his shift, are they going to fire you for only working your scheduled shift?  But yes as an at-will employee you can be fired for any reason or no reason as long as it's not a prohibited reason.
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