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Can I file a lawsuit against my employer for misconduct, and not giving me my hours even though I am full time?
Anonymous3 views1 answers
I am a full time employee at a company. My status on the company says full time. I recently had an event to attend. Instead of calling sick, I called my teammates for coverage, but couldn't find it. My manager told me she will let me know by the end of the day if she can find coverage. I never got a call. I went in the next day to work and was sent home, and my manager told me that she found coverage. When I came back from out of state, I was told I am not on the schedule. I have the schedule with me that has my name for the rest of the week. Now I am given a runaround to get back to work. I don't know what to do.
I am afraid I do not have good news for you.
Unless you have an express agreement to the contrary, you are an at will employee. The employer of an at will employee can terminate or discipline the employee and change the terms and condition of employment, at any time and for any lawful reason. It is not unlawful to react negatively to your inability to attend the event, even if the employer was able to find coverage. Your employer can simply never again schedule you if that is what it wants to do. It does not have to treat you fairly. It can keep you on indefinite suspension for as long as it wants and does not even have to tell you when you will be able to return.
Your best approach is to take your punishment with a good attitude and hope they will re-schedule you. Your alternative is to leave and find another job.
If you are a union member you may well have some protections the law does not otherwise provide you. If so, call your union rep right away.
Good luck to you.
