wrongful termination quandry

[carofl93]

State is FL.

Semi-hypothetical question.....

I work for a specialized company on the night shift. My choice for this shift is due to familial obligations (I have 2 small children and hubby works days). Company has undergone changes before I was hired. Company now wants me to come in on the day shift for new training regarding the new employee handbook. Company is unwilling to meet my scheduling needs, insisting that I work day shift. Company requires all employees to attend aforesaid training.
If I am unable to attend training (that they know I cannot attend) can I legally be fired?

Thanks,
Carol

 

[CheeseBlotto]

Yes, they can fire you. They are under no obligation to fit their business around your schedule.

 

[justalayman]

State is FL.

Semi-hypothetical question.....


If I am unable to attend training (that they know I cannot attend) can I legally be fired?

Thanks,
Carol

You must be kidding. You are wondering if they can fire you if you fail to follow their directions. The part I find really odd is you explain this to be a temp situation (at the moment). Ever hear of a babysitter or daycare?

The truth of the matter is they could place you on any shift they desire and you would need to accept it or leave.

Insubordination comes to mind and that often makes one ineligible for unemployment compensation.

Carol, you need to understand this is their company and they get to make the rules. If you do not wish to follow them, then you get to leave. They do not have to change to accomodate such requirements as yours.

 

[carofl93]

Thank you both for your replies.

Yes, I have heard of babysitters and daycares. That is the reason I chose to work the night shift. I have a good friend who's child now has permanent brain damage as a result of an incompetent daycare worker.

I am a bit confused by something you said, Justalayman; the part about this being a temp situation. I've been on the night shift ever since I finished training for the job in February. I am not a temp worker....the new training is a temporary thing as the company was recently bought out.

I'm not seeking unemployment. My income is simply supplemental. Unemployment is for the people who need the money to support themselves and their families.

Now I suppose I can weigh the options of either putting in my 2 week notice or wait for the firing.

 

[justalayman]

carofl93;1500696]

I am a bit confused by something you said, Justalayman; the part about this being a temp situation. I've been on the night shift ever since I finished training for the job in February. I am not a temp worker....the new training is a temporary thing as the company was recently bought out.

I wrote that presuming the training, i.e. day time work, will be a temporary situation. Had nothing to do with you being a temp worker. So you are still saying the daytime hours will be temporary. I just se this as a big deal.

I'm not seeking unemployment. My income is simply supplemental. Unemployment is for the people who need the money to support themselves and their families.

I was reffering to the fact that if you are fired for this, you may not be able to collect UI. It's nice you don;t need UI if available. Wasn't judging, merely adding info that may have been applicable and desired.

Now I suppose I can weigh the options of either putting in my 2 week notice or wait for the firing

It seems the daytime hours are only temporary. Is it that big of deal to secure temporary daycare to accomodate the change? Apparently the money is not really as issue and you do not wish to have the inconvenience. So be it.

 

[Gadfly]

YOU said;

Company now wants me to come in on the day shift for new training regarding the new employee handbook.

Is this training going to take the rest of your life? Come on. Do it.

Yes, childre can get hurt while in day care, but they can also get hurt while you are watching them. Remember, every day millions of kids go to day care without any problems.

 

[ecmst12]

Child care is expensive. She may not make enough money at this job that it would be worth staying on, even for a couple of weeks, on day shift. Child care could eat up almost all of her pay, in which case she might as well just stay home, not pay for child care, and look for another night shift job.

BTW, kudos to you for taking care of your kids all day and going out and working all night. When do you sleep?

 

[cbg]

Which does not change that the employer is entitled to schedule her for whatever shift they need her to work, and if she is unwilling or unable to work that shift and is fired for it, that is NOT a wrongful termination under the law. She can legally be fired for refusing.

 

[ecmst12]

Did I say otherwise? All I said was that it might make more financial sense for her to quit/get fired rather then working day shift.