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Possible Wrongful Termination?

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SunknLiner

Guest
Massachusetts
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Hello Guys,

I sure hope someone can shed some light on this situation.
I was an employee an my local Applebee's restaurant in Seekonk, Massachusetts up until this afternoon when my manager decided it was time to "part ways" and fire me.

It all happened like so:

Four weeks ago I had requested this coming weekend off so that I would have time to go into Boston and visit the law school at Suffolk University where I am planning on filing an application upon graduating college. I did everything I was supposed to do which included notifying a manager at least two weeks in advance and putting my name down in a calendar book for requesting time off. When the new schedule came out I noticed that I was only given this Saturday off instead of the Saturday and Sunday that I requested. When I brought this to the attention of the manager in charge of the schedule, I was told "tough, the schedule is posted and if you have a problem, find someone else to take the shift." In response to this I wrote out a small note explaining my dilemma and offering my shift up for grabs to any other employee that wanted it. Here I was a week later still stuck with the shift so I asked to meet privately with the GM of the store after my shift this morning. I explained my situation, showed her my name in the 'time off' book and told her that it would not be at all feasible for me to come into work this Sunday. She responded by telling me that the 'time off book' was for 'requests' and she was under no obligation to honor 'requests' if she didn't wish to. She also said that if I wanted that Sunday shift off, I could...along with every other shift scheduled for me for the rest of the summer. (I was hired as a seasonal employee with my last day being August 11th) She said that getting rid of me was no problem as she had someone coming in for an interview in a few minutes and she had no qualms about writing his name on the schedule in place of mine. Quote: "I don't feel that I have to appease you. You can finish out this week (tomorrow) - after that, the next time you come into this store better be to drop off you shirts and pins."

Was she justified in firing me?? I did nothing except ask for help with a scheduling conflict that was not of my creation. I was a model employee with no write-ups or other problems. Being a college student, money is understandably tight. Because of this incident today, I'm going to loose almost two weeks worth of tips - a HUGE amount of money (to me at least). Also, it's too late for me to just get another job so Im really screwed here...
 
Last edited:


cbg

I'm a Northern Girl
No, this is not a wrongful termination; not even close.

Your requesting a particular time off does not obligate them to give you that time off, regardless of the reason. Whether it was fair or not (I'm not prepared to make a judgment on that) it was legal for her to fire you.
 
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dan148

Guest
Based on the OP facts, I would definetly agree that there was no illegal activity on the part of the employer. However, I will say that the way the manager spoke to you and handled the situation was a bit unprofessional.
So my theory here is (being in the business and all)...The OP was not and has not been a "Model employee" and the management has just been looking for the excuse to terminate you. I believe that the management had planned on letting the OP go for a while, How do I know you ask.

Fact #1 - No manager of a restaurant would treat a good employee the way our OP was treated. Any restaurant manager would do the right thing to solitify the good employees future with the company.

Fact #2 - No restaurant interviews for servers during the summer (non- season and full of "back from school employees") unless the management knows that they will be "LOOSING" (OP) someone.

Fact #3 - It is summer (non-season for the restaurant business.) There is no restaurant, especially Applebees that could't have covered the shift requested off (Restaurant full of "back from school employees" dying to make as much money as they could)

"I was a model employee with no write ups or other problems"
Having "No write ups" does not make the OP a model employee, but I won't get into that.
Have a nice day
 

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