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Can she legally fire me?

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Neyco

Junior Member
What is the name of your state?CA

I work for a small coffee house by the mall, I started almost 5 weeks ago.I really like working there, and the atmosphere is great, the only set back is that they are always late with pay. My last paycheck they underpaid me $50. You may think that is what I am inquiring about, but no, that is a little background info.

They just hired a new manager--no one notified me--I only found out about her because she called me yesterday to yell at me. I called in sick yesterday, I was supposed to work at nine AM, but called at seven and asked if they could find a replacment. The girl I spoke with said she'd call someone and call me back. Twenty minutes later I called back and asked if she'd found a replacement and she said she hadn't yet, but she'd call back as soon as she did. It was almost nine o clock so I called in one more time and she said not to worry about coming in, that she had someone to help her.

At five o clock my "new" boss called to yell at me about that morning, and I explained to her the situation. She asked me why I hadn't called and given twenty four hours notice, I told her I didn't know twenty four hours earlier I'd be sick. I called in again today to get my schedule and she said I wasn't on it and that she wanted to speak with me and meet me because what happened yesterday was not acceptable. I told her that if the girl had said there was no replacement or if she had said she needed me to come in I would have. I am afraid this new boss is going to fire me, but I don't think that is legal. Is it? I really like this job despite the boss and pay, and I can't chance losing this job because I need it to carry me through until the fall. What should I do if she wants to fire me?
 


Curt581

Senior Member
Neyco said:
I am afraid this new boss is going to fire me, but I don't think that is legal. Is it?
Yes. It's 100% legal.

The business is not required to notify you before hiring a new manager.

You are an "at will" employee. Calling in sick after just five weeks on the job is a very bad idea. You should have gone in, and let them send you home if it's obvious that you're too sick to do your job.
What should I do if she wants to fire me?
Accept it gracefully.
 
It is YOUR responsibility to find someone to cover you. If they didnt need you, they wouldnt have put you on the schedule. After only 5 weeks, if I were your boss I would fire you too.
 

cbg

I'm a Northern Girl
Unless you have a bona fide, enforceable contract that specifies the terms under which you can be fired, and this violates it, yes you can legally be fired.

Somehow or other a great many people have gotten the idea that being sick grants them protection from being fired. That is not true. You have not worked there anywhere near long enough to have any statutory protections and not all illness qualify for them anyway.

It might have been unfair for them not to tell you up front that you had to find your own replacement and it might have been unfair for them to demand you give them 24 hours notice, but unfair is not illegal. Nothing in your post comes even remotely close to suggesting that firing you for the incident you describe would be considered a wrongful term.
 

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