PDA

View Full Version : Wrongful Termination? California


dcr
08-07-2006, 05:51 PM
I recently had a co-worker cover a shift at my retail/service job. This is totally acceptable as far as the company is concerned, and this flexibility was one of the prime motivators for taking the job in the first place. Unfortunately, this co-worker didn't show up until well after the shift started, meaning the business opened very late. Needless to say the GM was understandably upset.

My problem is this: The GM somehow feels this is my fault, even though the other employee admits it was his mistake entirely (i.e., he knew when the shift started, what day, etc.). The manager has now informed me that I need to come in and have "a chat" with him (on one of my days off).

I know from experience that this is his preffered method of firing, consistent right down to the intonation on the words "little chat".

Do I have any grounds to contest this termination (I'm not sure if I'm an at-will employee or not)? Furthermore, since I am being called in on my day off, am I entitled to compensation for this time even if I am being fired?

robb71
08-07-2006, 05:55 PM
This does not sound like an wrongful termination to me.

The GM scheduled *you* to work the shift not your co-worker. Ultimately the coverage of that shift is *your* responsibility. Since that didn't happen, the GM is well within his rights to terminate should he decide that's the best option.

Your recourse is to plead your case when you have the "little chat" with him. Maybe he'll come around but I would not get your hopes up. You know the norms of your business better than we do. If you think your job is on line, you'd know best.

dcr
08-07-2006, 06:25 PM
Thanks robb, for the advice as well as the fast reply.

A quick note about the situation- Situations very similar to this have arisen before, with different employees. In every other circumstance similar to this, the GM felt the blame rested with the person who agreed to cover the shift.

I feel like I'm getting the short end of the stick; I'm being fired, while the truant employee hasn't even gotten a slap on the wrist.

*Also, I've been with this company for several years with a spotless record. Though that doesn't seem to matter much ;p

robb71
08-07-2006, 06:44 PM
Under the "at-will" doctrine the GM would need no reason to terminate.

Each termination generally has its own set of circumstances. While some situations may be *similar*, no two situations are identical. There may have been other circumstances that contributed to the termination of the other co-workers you referenced. You may not have been privy to all the details.

Unless the termination is based on a proctected class (i.e. race, religion, national origin, etc.), I think you'd have difficulty proving wrongful termination.

cbg
08-08-2006, 09:28 AM
A wrongful termination means that you were fired for a reason prohibited by law. There is no law prohibiting an employer from terming you because your shift was not properly covered. As Robb says, it was your responsibility to see that the shift was covered. This would not be a wrongful termination. Unfair, possibly. But not illegal.

* Find more information on Hiring.
Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements