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Can my school schedule get me fired?

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  • Can my school schedule get me fired?

    I am a 24 yr college student working part-time for a legal attorney office as an Office Assistant for about 3 months now. When I was hired on they understood that I was a college student going to school and working at the same time, and it was clearly stated in my resume and repeated throughout my interview process. They claimed that they were okay with the fact that I went to school and up until this point have made accomodations with me if I needed to leave early due to an exam or other school function. They also stated that they would work with my school schedule if needed.

    When asked about my availability for the upcoming spring semester, I told them that my availability was going to change and that I could only work from 10-4:30pm Wednesday, Thurseday from 8:30-4pm, and Fridays after 10am (currently I work Wednesday through Friday from 8:30-4:45pm). I was very considerate of my work schedule when choosing my classes and was hoping they would work with me when it came to my availibility. That is not the case. My manager was upset that my avaibility was going to change next month in Janurary, has made repeated comments that she should not have hired a college student, and "the next person she hired would not go to school". She also has denied me of my raise that I was supposed to have received next week after my 90 day probation due to so-called issues that I have not even been notified of, either in written or in verbal form. She had also told another employee of mine who is higher up than me that she was going to replace me and notify me of my two weeks notice when the time came, for reasons I believe to suspect because of my school schedule.

    I feel that this is a discrimination against me just because I am a college student and my availibility does not quite meet her expectations, even though in my initial hire she stated she was fine with it. Since she has found out my problem with school, she has been nothing but rude and inconsiderate to me. She won't even admit she is trying to terminate me for reasons unclear to me. If I have not received any verbal or written warnings, can she terminate me because I go to school and my availibility is changing? Note: when I was hired on, I did not sign any documents stating my employment was at-will and they can terminate my employment at any time. Also, do I have a discrimination case here to protect myself or will I be able to claim unemployment compensation when the time comes?

    Thanks

  • #2
    Yes, you can be terminated if your school schedule interferes with your work schedule. You do not have to sign anything for at-will employment to apply. You can be terminated at any time for any reason except a reason protected by law (ie age, religion, gender). If you did get terminated, yes you can file for unemployment. There is no illegal discrimination here & there would be no illegal termination.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Yes, you are discriminated against because of your school schedule.

      However, not all discrimination is illegal and they can fire you if your availabilty doesn't match their need.
      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.

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      • #4
        Apparently your school schedule was fine initially with the firm and now they can no longer accomodate it. Things change. This isn't even remotely any form of prohibited discrimination.

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        • #5
          I understand that is may not be "illegal" discrimination as everyone likes to put it, but the fact that she is treating me like I've done something wrong when in fact the only crime I'm committing is pursuing a degree, is in a way discrimination to me. The issue I'm trying to make clear here is that she has no proof to fire me on misconduct or on bad terms because I have never been written up or verbally told otherwise. I don't want to be denied unemployment compensation on something totally beyond my control. Also, she disclosed information about my possible termination with another employee who had no business in knowing it. Can someone please explain to me how this is fair???
          Last edited by Adnilem24; 12-14-2007, 01:39 PM.

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          • #6
            A business does not have to bend to your schedule. They know when they need help. If you cannot be available when they need you then termination is one action the can take.
            http://www.parentnook.com/forum/

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            • #7
              Can someone please explain to me how this is fair??? It very well may not be, however not many things in life aren't. You better get used to it because life is full of "unfair" things.
              "Pluralitas non est ponenda sine neccesitate'' - Sir William of Ockham, a.k.a. Ockham's Razor

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              • #8
                Originally posted by Adnilem24 View Post
                I feel that this is a discrimination against me just because I am a college student and my availibility does not quite meet her expectations, even though in my initial hire she stated she was fine with it. . . . Also, do I have a discrimination case here to protect myself ?
                She is discriminating against you, but you don't have an employment discrimination because the discrimination doesn't violate any of the EEO laws. See EEOC's website, www.eeoc.gov, for a discussion of illegal discrimination.

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                • #9
                  Originally posted by Adnilem24 View Post
                  I understand that is may not be "illegal" discrimination as everyone likes to put it, but the fact that she is treating me like I've done something wrong when in fact the only crime I'm committing is pursuing a degree, is in a way discrimination to me. The issue I'm trying to make clear here is that she has no proof to fire me on misconduct or on bad terms because I have never been written up or verbally told otherwise. I don't want to be denied unemployment compensation on something totally beyond my control. Also, she disclosed information about my possible termination with another employee who had no business in knowing it. Can someone please explain to me how this is fair???
                  Everyone like to put your question of terms of legal or illegal because that is the purpose of this forum.

                  Quite honestly, you are being treated as fairly as they are being treated. Having an employee dictate their hours to you is a really bad precedent to set.

                  I tell you what... if it makes you feel better about the termination, just pretend that she looked for you on the first couple of shifts that you used to have but can no longer make... and she fired you for missing your shift without calling.

                  Other than that, whining about how it is all unfair to you doesn't mean anything. In fact, if you were my employee and took the tone of your post with me, I wouldn't even try to accomodate your new schedule.

                  Employers are not your parents and they don't have to care.
                  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.

                  Comment


                  • #10
                    Originally posted by Betty3 View Post
                    Yes, you can be terminated if your school schedule interferes with your work schedule. You do not have to sign anything for at-will employment to apply. You can be terminated at any time for any reason except a reason protected by law (ie age, religion, gender). If you did get terminated, yes you can file for unemployment. There is no illegal discrimination here & there would be no illegal termination.
                    Question about the unemployment.

                    since the employer is offering a job but she is refusing, wouldn't that be a voluntary termination?
                    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.

                    Comment


                    • #11
                      Originally posted by cyjeff View Post
                      Question about the unemployment.

                      since the employer is offering a job but she is refusing, wouldn't that be a voluntary termination?

                      That would be my guess.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                      • #12
                        She can still apply for unemployment if they terminate her due to her unavailability. She may get it - never hurts to try.
                        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                        Comment


                        • #13
                          Originally posted by Betty3 View Post
                          She can still apply for unemployment if they terminate her due to her unavailability. She may get it - never hurts to try.

                          Agree. Only cost is a little time.
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                          • #14
                            Absolutely. I wasn't saying dont' try... stranger things have happened.
                            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.

                            Comment

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