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jblahh1978

Junior Member
I am in NC. I had a verbal agreement with my boss to a certain schedule. It was to be off on Saturdays, and work every Sunday. I worked that schedule for 5 months, no problems. My wife and I arranged our childcare around that schedule for our children, one of which being 4 months old. Without warning, I was told I could no longer work the schedule that was previously agreed upon, and if I had a problem with it, I should find a new job. They changed my schedule without giving me time to find alternate arrangements for my children. I had to miss the first Saturday they scheduled me for, due to not having anyone to care for my children. Upon return to work, I was written up. Our policy at work states that you will be written up for "excessive absences," but this was my first one. Furthermore, in the write-up, it states I didn't notify them until the Friday before that I would not be able to work this schedule, when I actually notified them on the Tuesday before, AND they knew before they scheduled me on Saturdays that I can't work that day because of childcare issues.

I have not lost my job yet, but if I miss anymore days I know it's coming. But they are purposefully scheduling me on this day they know I cannot work. Is the original verbal agreement enough to put them in the wrong? I feel like they are purposefully pushing me out of a job. Thanks.
 


Silverplum

Senior Member
I am in NC. I had a verbal agreement with my boss to a certain schedule. It was to be off on Saturdays, and work every Sunday. I worked that schedule for 5 months, no problems. My wife and I arranged our childcare around that schedule for our children, one of which being 4 months old. Without warning, I was told I could no longer work the schedule that was previously agreed upon, and if I had a problem with it, I should find a new job. They changed my schedule without giving me time to find alternate arrangements for my children. I had to miss the first Saturday they scheduled me for, due to not having anyone to care for my children. Upon return to work, I was written up. Our policy at work states that you will be written up for "excessive absences," but this was my first one. Furthermore, in the write-up, it states I didn't notify them until the Friday before that I would not be able to work this schedule, when I actually notified them on the Tuesday before, AND they knew before they scheduled me on Saturdays that I can't work that day because of childcare issues.

I have not lost my job yet, but if I miss anymore days I know it's coming. But they are purposefully scheduling me on this day they know I cannot work. Is the original verbal agreement enough to put them in the wrong? I feel like they are purposefully pushing me out of a job. Thanks.
http://www.nclabor.com/wh/faqs.pdf

"An employer can fire an employee in person, over the telephone, or by mail; the way an employer does this is up to the employer. However, the employer cannot discriminate because of age, race, gender, religion, national origin, color, disability, or pregnancy."
 

jblahh1978

Junior Member
Thank you. What about Promissory Estoppel? There was a verbal agreement, or promise if you will, to work a certain schedule. That my wife and I relied upon to our detriment. My wife took a schedule at work where she has to work Friday and Saturday nights. So for them to suddenly change the schedule on me, we have no one home to watch our children. Would that apply in this situation?
 

Zigner

Senior Member, Non-Attorney
Thank you. What about Promissory Estoppel? There was a verbal agreement, or promise if you will, to work a certain schedule. That my wife and I relied upon to our detriment. My wife took a schedule at work where she has to work Friday and Saturday nights. So for them to suddenly change the schedule on me, we have no one home to watch our children. Would that apply in this situation?
You did work the schedule - for 5 months. The employer is allowed to set the schedule.
 

tranquility

Senior Member
Thank you. What about Promissory Estoppel? There was a verbal agreement, or promise if you will, to work a certain schedule. That my wife and I relied upon to our detriment. My wife took a schedule at work where she has to work Friday and Saturday nights. So for them to suddenly change the schedule on me, we have no one home to watch our children. Would that apply in this situation?
You didn't rely on it to your detriment. You gained benefit from the promise from the wages you earned. If you did not have the job at all, you'd have all the time in the world to watch your children.
 

Eekamouse

Senior Member
Your employer doesn't dance to YOUR tune, dude. It's the other way around. Be glad you had the schedule you wanted for those 5 months. Hire a babysitter and stop missing work if you want to keep your job.
 

swalsh411

Senior Member
Even a written agreement to work a certain schedule would not be enforceable. The employer sets the schedule.

The unemployment rate in NC is 8.9%. I'm sure somebody would love to have your job.
 

eerelations

Senior Member
Thank you. What about Promissory Estoppel? Would that apply in this situation?
Even if you did have a cause of action based on this (although I agree with the others, you don't), the costs of going down this road by far (really far far far) outweigh the cost of a babysitter.
 

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