Can they legally do this...?

[myfirstjob]

I was supposed to work this coming weekend ( both Saturday & Sunday). I went to my companies online site to verify the times I was to work and was no longer able to access my information online. I got a message to see my supervisor at the store.

I go in to the store to find out that I have been fired. The reason is because I have not worked in more than 14 days. They said that company policy is that if you do not work for 14 days you are automatically terminated. I work part time (I'm in High School). I listed my availability as weekends only due to school. I also am in activities that sometimes require me to request time off on weekends too. During this period in question I had requested certain days off. However, there were days that I was available to work but wasn't scheduled by them to work.

In fact during the conversation with my employer, I found out that the time that I did work about a week ago was not on record with the time clock. I was scheduled for about 6 hours and was even asked to work longer as they needed the help. I know I clocked in and out that day. SO now I am wondering how I will get paid for this time.

But I am also worried about my job. They say I have to re-apply, take a drug test, and re-do orientation. I have been a great employee for a year now and even got a couple of awards. I really think that this wouldn't have happened if they had record of me working, but how do I fix this now? I am totally fine with jumping thru hoops if necessary, but really should I have to do this when I really see this as being their mistake. And what if they decide to not hire me after I do apply. Just considering all possibilities. They had previously told me that due to my activities, I should just quit and they can rehire me. My parents said not to do that as they were worried I was being taken advantage of.

In recap - I apparently didn't work for 2 weeks, but then worked an 8 hour day after the 2 week window (which wasn't recorded somehow - the good thing is the mgr does remember me working). then someone in payroll must have seen that I hadn't worked and decided I needed to be terminated. All the while my supervisor had me on the schedule as late as two days ago, to work this weekend.

Can they really do this? What should I do?

 

[Betty3]

Yes, they can terminate you. This was not a wrongful termination. (any errors made by employer/other employees or not) In at-will employment, you can be terminated at any time for any reason (or no reason) except a reason prohibited by law (example race, religion, gender...) unless you have a binding employment contract to the contrary.

Employers also don't have to work around your schedule. They can require you to reapply & it would not be illegal not to hire you.

http://en.wikipedia.org/wiki/At-will
http://employeeissues.com/wrongful_termination.htm

If you worked any time you didn't get paid for, you can file a wage claim with your state DOL.

 

[myfirstjob]

I guess I am questioning that if they have this in their policy to terminate if you don't work for 2 weeks, but then don't schedule you during that time. They could actually do this to anyone, even if it was really for another reason - illegal or otherwise.

 

[Betty3]

Yes, they can. If they don't schedule you for 2 weeks and, therefore, you don't work for 2 weeks, yes they can terminate you. It may not seem fair but it is not illegal.

For your info - a co. policy rarely rises to the level of a binding employment contract & can generally be changed at any time.

 

[Betty3]

I note this seems to be your first job. You will eventually find out that since all states except Montana (& sometimes there) are employment at-will states, you can be terminated for any reason at any time (except a reason prohibited by law) - even if they don't like the color of the shirts or socks you wear & technically for no reason minus a binding employment contract to the contrary. By the same token, you can quit at any time for any reason or no reason minus a binding employment contract to the contrary.

 

[Betty3]

You might want to ask the employer about the pay you are due before filing a wage claim - the employer may furnish you with it.

 

[Elle]

Something to keep in mind as well is that your employer isn't obligated to work you into the schedule at your convenience. I don't know how many other students work there or how many restrictions on work hours and days your coworkers have but only being able to workends and then only certain weekends at that, is extremely restrictive. I can tell you from the employer perspective that trying to fit employees into time slots can be a nightmare under the best of conditions. Remembering who can work what days is difficult enough without trying to make sure everyone gets all the hours they are available to work.

I'm going to be honest with you. If your schedule is that restricted, a job at a formal workplace is probably not in your best interest at this time. Perhaps you would be better off doing things like babysitting, mowing lawns, delivering papers, or other jobs where you really truly are more in control of your own schedule or can work around your other activities. You can not make an employer conform to your schedule and it sounds like yours might very well have reached the end of their rope.