Threatened to be terminated for not being able to work certain shift.

[cmnavarro12]

I was wondering. Can I get fired if I can't make it to work at a certain time? My supervisor is telling me that I need to come in at 7am tomorrow morning, knowing that I can NOT make it to work at this time. I have 4 children at home with me and my fiance works the 3rd shift at his job, which is Midnight to 8am, and arrives at home at about 9am. Like I stated before, my supervisor knows this and has still put me down to start work at 7am tomorrow. I have no one to watch my kids, as it is only my fiance and I. This is why my fiance works the "graveyard shift", so while one of us is at work, the other can watch them. He has threatened to fire me If I do NOT show up on time at 7am. His exact words were, "You better f***ing come in tomorrow at 7am. Find someone to watch your kids because if you don't come in on time, your fired!" I am employed as a 'House-Keeper" with 'Hilton Hotels'. I tried to go to Human Resources, but she is not at work today. Is this legal for him to do? I need this job to raise my family, but can NOT make it into work this early. I am scared to lose my job. What can I do to keep my job?

Please help me,
Cassandra N.

 

[mightymoose]

I was wondering. Can I get fired if I can't make it to work at a certain time?

Yes and no. Yes he could fire you IF it is his decision to make. I suspect that if you work for Hilton such decisions are made through your HR.

If this is not your regular work shift, and especially if you were not given adequate notice, then it would seem you have a very reasonable argument to make to your HR. If you can't be there then make certain that you inform your employer that you will not be there so they can find a replacement. It seems you have already done this, but do it again. Go see your HR as soon as you can.

 

[army judge]

I was wondering. Can I get fired if I can't make it to work at a certain time? My supervisor is telling me that I need to come in at 7am tomorrow morning, knowing that I can NOT make it to work at this time. I have 4 children at home with me and my fiance works the 3rd shift at his job, which is Midnight to 8am, and arrives at home at about 9am. Like I stated before, my supervisor knows this and has still put me down to start work at 7am tomorrow. I have no one to watch my kids, as it is only my fiance and I. This is why my fiance works the "graveyard shift", so while one of us is at work, the other can watch them. He has threatened to fire me If I do NOT show up on time at 7am. His exact words were, "You better f***ing come in tomorrow at 7am. Find someone to watch your kids because if you don't come in on time, your fired!" I am employed as a 'House-Keeper" with 'Hilton Hotels'. I tried to go to Human Resources, but she is not at work today. Is this legal for him to do? I need this job to raise my family, but can NOT make it into work this early. I am scared to lose my job. What can I do to keep my job?

Please help me, Cassandra N.

The time an employer sets for you to report to work isn't a legal issue.

It is an employer issue.

Employers have great freedom and leeway in determining how to staff their facilities.

No employer (outside of some collective bargaining agreements) has to guarantee you a certain time to start work, the hours you will work, or what days you are to work.

Of course, there are some exceptions to the above.

However, not in your case.

If your employer directs you to start work at 7:00AM tomorrow, you darn sure can (and probably will be) fired for failure to report as directed!!!!


Do not delude yourself into thinking your child care needs are of any importance to ANYONE but YOU!!!!

Now, we do live in a free society.

You, therefore, are FREE NOT to report to work tomorrow.

But, our choices result in consequences.

In this instance, I suggest you choose wisely.

If you choose INCORRECTLY, you'll be back on here asking us how to get your job back, or were you terminated appropriately?


To save you from returning ans asking the question, YES, if you were terminated for failing to report to work as directed; your employer would be within his rights.


You, of course are within your rights should you choose to ignore your supervisor's admonishment.

I hope you understand that choice would yield a consequence you might not wish to receive!

Choose wisely, if you wish to retain your employment status!!!


By the way, if you were to be fired for INSUBORDINATION, you are likely NOT to be eligible for unemployment insurance!!!

.


I need this job to raise my family, but can NOT make it into work this early. I am scared to lose my job. What can I do to keep my job?



.

Oh, to answer your question, as to HOW you keep your job, be there when directed tomorrow. I presume that to be 7:00AM!

 

[cbg]

Speaking from the HR perspective, I would like to point out to mightymoose that while I usually agree with him, it is rare indeed that HR makes the decision to fire or not to fire. If they are lucky, they may be given input into the decision, but it is up to the manager most of the time. HR is by no means as all-powerful as some believe.

But the bottom line is yes, if your manager says that you need to be in by 7:00 am, then you need to be in by 7:00 am, and if you are not, it is quite legal to fire you (regardless of who makes the decision). Your child care issues or your fiance's hours are not your employer's problem. The employer, not the employee, sets the hours of work. The law does not offer protection on the basis of child care issues. At best, you MIGHT be granted unemployment, but even that is not certain and determined by each state. In my state you'd have a slim chance of getting it; in most states, including Pennsylvania, that is considered a personal reason not attributable to the employer and therefore, not a qualified reason to receive UI.

If you want to keep your job, you need to find a way to be there by 7:00.