PDA

View Full Version : Fired Not Fired?? Arizona


Azdraik
09-17-2007, 04:07 AM
I have worked the past several months with a franchise. Recently the franchisee(husband) took over writing the schedule and they did not post it for 3 days. I asked the manager of the store to give me a call if I was scheduled (if/when he found out) I received a phone call 40 min after I was scheduled by the franchisee(wife) yelling at me for not being at work. I informed them that the schedule was not up and I was waiting to hear from the manager if I worked today. The franchisee then started lying about the schedule and when it was made, I know this due to the fact that on Sunday prior me and the manager both did not know we were working on the next Monday until approx 11pm.

I asked the person not to make up stories and I didn't appreciate being lied to. They hung the phone up saying they didn't need that from me. I checked the schedule which was now posted at 10pm on Tuesday. I had been scratched off the schedule. I called the next day and am told to talk to the Franchisee(husband). So I call him and informed that I am no longer going to be scheduled. I asked him if I was fired. His response was I think I should quit and find another job.

Since that didn't answer my question I waited until this Sunday when the new schedule was posted. Nope not scheduled and my name is not on it anymore. I also found out that they gave everyones paycheck out but they did not have mine at the store and that it would be mailed to me.

Is there anything I can do in this situation? I feel as though I was singled out for catching a owner in a lie and this is retribution for it. Even speaking with the Dept of Labor they have never heard of anything like this. Do I have any rights in this situation?

cbg
09-17-2007, 06:45 AM
Yes, you have the right to file for unemployment and look for a new job. The situation was handled badly but no laws were violated.

bearyariz
09-18-2007, 09:33 PM
Being taken off the schedule permanently constitutes termination and AZ law requires all pay due to be paid within 72 hours.

Betty3
09-19-2007, 12:11 AM
Az requires that when an employee is discharged by an employer, wages must be paid within 3 working days or the end of the next regular pay period, whichever is sooner.

Azdraik
09-22-2007, 04:04 PM
that is what I figured but I could not find it in the statutes (in reference to being removed off the schedule)

moburkes
09-22-2007, 07:30 PM
It appears that their position is that you quit when you didn't show up. I don't know that I agree with it, but that is, apparently, their position. You are responsible for finding out if the schedule is posted.

Arizona Labor Law Posters
Comply with Arizona regulations with one Complete Arizona Labor Law Poster.
Trusted with customer satisfication.
Call (800) 745-9970 or shop online at www.LaborLawCenter.com.