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subzero123

Guest
From Minnesota...
I was scheduled to work last Sunday even after I specified no Sundays on my application. I reminded mgmnt of my availability and told them I was not willing to work. They fired me for not showing siting misconduct.
Does this fall into being fired anytime for any reason?
Will I be denied UE because of misconduct?
 
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cbg

I'm a Northern Girl
The times that you told the employer you are willing to work are not legally binding on them. That is a question asked as a courtesy only. Barring a contract that says otherwise, they can schedule you for any times that are convenient or necessary for them. And they can fire you for not working them.

Does this fall into being fired anytime for any reason?

I don't know what you mean by that. The reason you were fired is refusal to work your scheduled hours.

Will I be denied UE because of misconduct?

No one but a representative from your state's unemployment board can answer that question definitely. If you want my opinion, I don't believe that one refusal to work hours you had already indicated you were unwilling to work, is sufficient to deny you benefits. A legal firing, yes. Sufficient to bar you from unemployment, no.
 
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subzero123

Guest
Thanks for the response.
Are they required to respect my seniority in a matter like this?
It's not like they were short staffed, and other people were given the day off over me.
 

cbg

I'm a Northern Girl
Not unless you have a bona fide contract that specifically states that time off must be granted on a seniority basis. The law does NOT require that seniority be followed.
 
Z

zone

Guest
A question on relgious convictions in this situation

This is just a question. If the person here needed Sundays off because of religious convictions, would that have any weight in the matter? Would the person have had to state that as the reason for not working sundays? If needing Sundays (or any specific, repeated day off) is becasuse of religious reasons would that be grounds for a discrimination suit if the employee was terminated for not being willing break religious law to work on his sabbath?
 

cbg

I'm a Northern Girl
Only if the employee's religion REQUIRED that he not work on Sundays (or any other day of the week) and not always then. An employer is required to make a reasonable accomodation for religion requirements, but not for religious preferences, and depending on the job, it might not be reasonable for the employer to always give that employee Sundays off. So even with that kind of religious requirement, it's not a guarantee.

If the employee just wants Sundays (or any other day) off because they'd like to be able to go to church, or synagogue, or whatever, but their religion does not PROHIBIT working on that day of the week, the employee is out of luck.

And yes, the employee would have to state that as the reason, and what's more they'd have to be prepared to back it up. Otherwise suddenly there'd be a whole slew of employees who suddenly "got religion".
 

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