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Can an employee be asked to quit? California

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  • Can an employee be asked to quit? California

    My son works part-time for a nationally known retail store. His manager says he is not available enough for work. He is attending college and only works part time as it is. My son has given him a list of days and hours that he is available. That list has a total of 48 hours a week for his manager to schedule him part time. Due to a medical condition my son's doctor does not want him working over 6 hour shifts. My son has given his manager this information from the doctor.

    His manager has previously told him he is great with customer service. He still tells him that, only now he adds that he is "only a mediocre employee" and he needs to quit. He also will schedule him in excess of the 6 hour days recommended by his doctor. Then he has to go talk to the manager about "reducing" his hours. Therefore making him look bad, like he is unwilling to work.

    Are there any laws being "challenged" by this manager?

  • #2
    Unless your son's condition falls under ADA, no. A doctor's note does not carry the force of law.

    I know this sounds cruel, but an employee that I can't schedule when I need HIM is a useless employee.

    Sure, the employer could schedule your son first over all of the other full time and flexible employees, but then the schedule wouldn't be fair to THEM.

    Sorry. Either your son works when the business needs him or he should quit and find a position that is more compatible to his availability.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.


    • #3
      If his schedule is that restricted, then yes, it may not be reasonable for his employer to schedule around him. Not knowing how many employees, or the hours he is free to work, or how the hours he is free works with the no more than 6 hour guideline, it is hard to tell if it is reasonable to to keep him on board or not.

      Why is your son restricted from working more than 6 hours in a day?
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


      • #4
        Since your son's hrs. to work are so limited due to going to college & his medical condition, it might be best if he looks for a job that more fits his schedule. As Elle also asked, why can your son only work 6 hrs. a day - what is his medical condition? Thanks.
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