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can i file a lawsuit?

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need_advice_now

Junior Member
What is the name of your state? Pa

Im sorry if this ends up not making sense lol. but here goes.
I work for a company called CMS.
My boyfriend and I work together. (well did) we both got fired on friday.
Our work schedule was Mon-Thurs 2pm to 9pm, Off fri...sat 9am to 3pm and off sun.
Well last monday December 27th my boss told everyone we were working on friday December 31 to make up for being off on new years day.
In our handbook it says that we are not required to make up holidays and it also says that she is required to give us a 2 week notice when scheduling us to work.
Well I told her that my boyfriend and I wouldnt be able to make it in because we had alot of running around to do friday which has been planned for weeks and we only get one ride every two weeks to go food shopping and do all the stuff we have to do.
My boyfriend and I needed to go food shopping, we needed to get our animals food and we needed to get a hot water tank because ours recently broke. My boyfriends dad takes us to do this twice a month and its usually every other friday. Because friday was new years eve he was going out in the evening so the only time he could take us was in the morning/mid afternoon.We needed to go desperately. Our refrigerator was empty. I told my boss this and she said she didnt care we better be at work or we are getting fired.
Well I called her thursday evening and left her a message reminding her we could not come in. I called friday morning and explained it to her all again and she said we were fired. It was around 11 when i called and cancelled our plans of going food shopping and stuff and I called her back and told her we would be down to work in a few minutes and she said forget it its done and hung up on me.
can she fire us like that?
legally?
for not coming in when it states in our handbook that friday and sunday are our scheduled day off.
It says in the handbook that morning shift may be required to work some evening shift...
but it doesnt say anywhere in there taht night shift (what we work) may be required to work some morning shifts.
i need to know if i should or if i even can file a law suit here?
thanks
 


rmet4nzkx

Senior Member
Most people manage to get their food etc on their own time and able to do that while employed without the help of parents and not restricted to 2 times a month. Is there something that you are not telling us? Is CMS some sort of a sheltered work environment?

Your employer can fire you for any reason, you refused to come to work, and no doubt there is somewhere in your handbook that speaks to the needs of the business as an exception. However, if they were a large enough employer to have 3 shifts and a handbook, they most likely have a HR department, I suggest you contact them and also contact your union if you have one.
 

need_advice_now

Junior Member
rmet4nzkx said:
Most people manage to get their food etc on their own time and able to do that while employed without the help of parents and not restricted to 2 times a month. Is there something that you are not telling us? Is CMS some sort of a sheltered work environment?

Your employer can fire you for any reason, you refused to come to work, and no doubt there is somewhere in your handbook that speaks to the needs of the business as an exception. However, if they were a large enough employer to have 3 shifts and a handbook, they most likely have a HR department, I suggest you contact them and also contact your union if you have one.

something im not telling you?
well first off im only 18 years old. Just recently moved on my own and I do not drive so it is hard to get from place to place with out a vehicle.
Friday was my own time and I made plans since its usually a scheduled day off. My only ride to do this is my boyfriends father. We do our food shopping and running around every other friday after we cash our checks.

I called and told my boss i would be in and she told me no forget it and hung up on me...how is that legal termination?

And the company has 2 shifts...not 3.
 

rmet4nzkx

Senior Member
So you are young and just out on your own and still dependent on others. While it is nice that your bf father takes you shopping which may be a pain without transportation, it is possible to go shopping without a car, if you plan for it. How do you get to work especially working those hours? Walk or by bus? A new water heater I can understand would require help. Have you called your HR department yet and explain your mis-understanding, that you were scheduled off and appropriate notice and turnaround time was not per the handbook, also that you were willing to come in, but needed to take care of the hot water, so it was a hardship. That may help, otherwise you may have to apply for unemployment, have you received your final check?
 

enjay

Member
You are going to have to accept this as a life lesson. Shifts and policies change, and when they do you need to adapt. Just learn from it, and at your next job be more flexible.

One of you should have gone to work, leaving the other to take care of the errands.
 

cbg

I'm a Northern Girl
To qualify as a wrongful termination it has to have been a violation of the law for the employer to fire you for the reason they did. That is NOT the case here. An employee handbook is NOT a contract; the employer is NOT required to follow their own policies and they ARE allowed to change your hours as business needs require. Refusing to work hours as requested is valid grounds for termination no matter what your employee handbook says.
 

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