Work scheduling issue

[cody2]

I am currently employed under a new manager. This manager has

a problem with my going to school. During a recent

conversation with him I pointed out the fact that the

previous 3 managers were fine with the arrangement. I further

stated that if he felt that this was not in the companies

best interest any longer then he should swap me to part time

or simply let me go. His exact response was "If I let you go

then you get unemployment, I going to schedule over the time

when you are in class and then fire you for a no call no show

so you don't get the unemployment." I also provided the

employer with a wriiten availability highlighting what times

I am available and what times I am not. Beyond this he also

denied my vacation request a few weeks ago stating that he

didn't have any coverage and then granted another employees

with a similar position. Additionally he denied my annual

raise but granted it to other employees with inferior sales.

Do I have any recourse here? This business is in CA and this

is an "at will" state.

 

[I'mTheFather]

Seems that he doesn't like your school schedule. Or maybe he just doesn't like you. Either way, you ought to start looking for another job as I believe you have no recourse.

 

[cbg]

No, you do not have any legal recourse. Regardless of what you previous managers have done, your employer has absolutely no legal obligation to take your school schedule into consideration or adhere to any kind of availability schedule. Nor has he any legal obligation to approve your vacation regardless of what he's done for other employees. And this is the case in all 50 states, at-will or not (p.s. 49 states are at-will and the 50th recognizes the at-will doctrine in some situations.)

Your boss may well be a jerk, but he's a jerk who is within his rights under the law based on what you've posted.

 

[ecmst12]

However, his ploy to prevent you from being granted unemployment might not work. Document everything.

 

[cbg]

Document everything yes, but keep in mind that if your school schedule is interfering with work and you are fired for that, it's not a slam dunk that you'll get unemployment anyway. Not because you were fired "for cause" but because of being unavailable for work.

 

[commentator]

Very true. Go on and file for unemployment if you are fired in the manner your employer has set out for you. Document everything, including the date you were told this thing about "I'm going to schedule over your times when you are in school...." Do call in appropriately any time you cannot work your assigned shift. Do not tell them in advance that you won't be there. Do not quit. Do not say you are quitting. Let yourself be fired for not working an assigned shift. As such, you may have some chance of being approved. Then the issues of availability for work will come up. And this may really interfere with your ability to receive unemployment, because they'll not like for you to limit yourself as to days hours and shifts you cannot work. But deal with that situation when you come to it.

But since your previous managers have always accommodated your school schedule, if this particular manager refuses to do so, you have a pretty fair chance of being able to get unemployment if he fires you. He doesn't know as much about it has he thinks he does, and he will not be the one to say whether you are approved or not. But legally, he can do this. Is there someone higher than him that you can appeal to? In the company, I mean. If you've been a good employee, and maybe they shouldn't want to lose you, maybe it could be worked out. You have very little to lose by trying, anyhow.