Can my boss tell me that I have to choose between going to school or work??

[edmush]

What is the name of your state (only U.S. law)?

This is in Illinois, and my boss threatened me that I have a choice of going to school, or continuing to work for the company. This stems from a new schedule being made for all employees, and conflicting with school that I was already registered for, and my boss already knew about. Previously, another employee was given a schedule specifically to work around their school schedule. There are other incidents in which my schedule routinely changed every week, and everyone else was given a fairly set schedule. I don't know if I have anything going for me, I feel discriminated against, but reading this forum seems like I don't have much leg to stand on. I was also asked if I was a union steward in an email with my boss regarding conditions for employees. I was fired because I missed too many days due to them changing my schedule, and calling in for going to school. Do I have a case to receive unemployment, as it was denied to me? Do I have a bigger case of work place harassment? Any help with this would be greatly appreciated.

Thank you.

 

[Ohiogal]

What is the name of your state (only U.S. law)?

This is in Illinois, and my boss threatened me that I have a choice of going to school, or continuing to work for the company. This stems from a new schedule being made for all employees, and conflicting with school that I was already registered for, and my boss already knew about. Previously, another employee was given a schedule specifically to work around their school schedule. There are other incidents in which my schedule routinely changed every week, and everyone else was given a fairly set schedule. I don't know if I have anything going for me, I feel discriminated against, but reading this forum seems like I don't have much leg to stand on. I was also asked if I was a union steward in an email with my boss regarding conditions for employees. I was fired because I missed too many days due to them changing my schedule, and calling in for going to school. Do I have a case to receive unemployment, as it was denied to me? Do I have a bigger case of work place harassment? Any help with this would be greatly appreciated.

Thank you.

This is not harassment. Your boss can schedule you how he likes regardless of what your school schedule is. He does NOT have to work around what you want to do. So yes, you can choose to keep your job or go to school. You were fired for misconduct. If you applied for unemployment and were denied, you could have attempted an appeal. However you have to be available for employment. Which it doesn't sound like you are.

 

[cbg]

Your boss has NO legal obligation to take your school schedule into consideration. If you cannot manage both your school and your work schedules, you need to pick one. Firing you for calling off for school too often is 100% legal.

 

[edmush]

Ok, does the fact that another employee was given a schedule to work around their school fall into any type of discrimination?

Also, my boss calling me a union steward, and then being demoted shortly after forbringing up some conditions in my department that could be improved. Is that anything? I know it wasn't in my initial post, but the situation has a lot of details. Most of which I really don't think count for anything. These forums make me think I just have to take this one on the chin. Kind of disheartening.

Thank you for the prompt response.

 

[edmush]

Also, a paralegal I know said that my boss couldn't threaten me with, "go to school or work here". He said those words weeks prior to me being fired.

 

[Ladyback1]

Also, a paralegal I know said that my boss couldn't threaten me with, "go to school or work here". He said those words weeks prior to me being fired.

Paralegal friend should not offer advice...

 

[cbg]

No, the boss having made an exception for another employee does not mean he is required to make another one for you or it's illegal. For all we know, it didn't work out the first time and he said, Never again. Nor does asking you whether or not you are a union steward mean anything that you can sue for.

Frankly, if you called out for school that often you handed them a legal and valid reason to fire you even if they WERE doing something illegal. But nothing you have posted so far says they were.

 

[eerelations]

Yes it's discrimination, but unless it's based on race, gender, age (over 40), disability or religion, it's not illegal discrimination.

It's not illegal to call someone a union steward even if he/she isn't a union steward.

It's not illegal to demote someone because he/she recommends improvements at work.

You will have to accept that there's nothing illegal about your termination. American employees have a heckuva lot less job protection than people in most other first world countries.

 

[eerelations]

Also, a paralegal I know said that my boss couldn't threaten me with, "go to school or work here". He said those words weeks prior to me being fired.

Well that paralegal is definitely wrong.

 

[edmush]

Ok, thank you all for the advice. Kind of sucks knowing that workers don't really have any rights or recourse. I knew there was a reason why unions have been shunned by corporate America.

Thank you again, I really appreciate the help.

 

[edmush]

While there isn't anything illegal going on here, my main concern is being denied unemployment. Is there anything here that I could use in my appeal to get the original determination changed?

 

[justalayman]

Attending school itself is often a reason to deny unemployment since attending limits your availablility to work.

You also chose to go to school over working so in effect, you quit.

So, between. Not being available to work and you choosing to be unemployed, you have chosen to be where you are. Benefits are not likely to be available regardless what you argue.

 

[FlyingRon]

You almost certainly will be denied unemployment.

If you quit, you're not eligible.
If you fail to report because of your conflict, you are not eligible.
You are expected to work first and then go to school to be eligible in this state.
If school interferes with you looking or accepting work, that will be grounds to STOP benefits even if you get them.

You blew off the question as to what state you are in, so we have no idea what the UI outlook really is.
Some states might give you some leeway for vocational training but most assume that if you are going to collect benefits you must be actively looking and willing and able to work. It conflicts with my classes doesn't qualify.

 

[eerelations]

Agreed. To receive UI benefits you must be available for work at all times. Obviously, you are not.

 

[edmush]

I am in Illinois as far as the state goes. What arguments can I make to try to get my appeal to go my way? I was fired because I exceeded the amount of call ins allowed over a year period. My schedule was constantly changed every week, including a couple of days before a scheduled work day, which contributed to accruing call in points