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Job Abandonment??

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  • Job Abandonment??

    I work for a chain restaurant. We have to put in our schedules every week letting our employer know when we can work the following week. If we don't, we don't get put on the schedule at all. I was scheduled on a Monday night to work but was sent home at the beginning of my shift because they scheduled too many people. I was off the rest of the week and my child was admitted to the hospitalso I didn't put in to work the next week because I wasn't sure what was happening with her. I tried to put my schedule in the next week but called 20 minutes past the deadline so was told by a manager that I missed the deadline. Now my big boss is telling me that since I haven't worked in 27 days and never called him personally, I am being terminated for job abandonment (which is 30 days in NYS). I know you can be terminated for any reason in NYS but is this a legitimate legal reason? I was in contact with all of the other 3 assistant managers but since I didn't tell him, he says it doesn't count. Please if anyone knows, let me know.

  • #2
    No state has a law that determines what is and is not job abandonment. It's up to the individual employer.

    This may or may not be fair, but it is legal.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.