Was I wrongfully fired from my job?

by **aldric13** » Sat Apr 02, 2011 12:28 am

I was fired for 2 no call/no shows. The first one was handled very poorly. My supervisor did not speak with me directly about it yet she gave me the reprimand. I had been in the hospital after an accident and offered to show paperwork but I was told "that it wasnt necessary"

The second one, I had traded shifts less than 3 hours to the start of my shift with another employee who said he was doing it because he had put in for a sick day which he didnt have. So I believed I was taking the sick day for his shift. My belief was strengthened when another employee then informed me that he had already put in for the sick day. However, the sick day was never put in and I did not know I was expected to cover his shift directly after my original, 9 hours later.

I was advised to get legal advice and even inform labor groups. I'm not sure if any laws were actually broken or if there is such thing as wrongful termination. So I thought I'd at least get some further advice before speaking with any lawyer in person.

by **hurst** » Sat Apr 02, 2011 12:38 am

You have some really bad advice. If you want to keep a job, show up. If you want to live on welfare, keep up the good work.

My goodness!

by **nann** » Sat Apr 02, 2011 12:43 am

Don't waste your money on any lawyer. You were fired with just cause. There is nothing you can do about.

Just hear to yourself: you traded a shift (your choice) but you failed to make sure to know when you were supposed to show up for work (that's negligence.)

by **larry** » Sat Apr 02, 2011 12:50 am

Labor law is State specific, and you don't say where you are.

That said, in almost all places, your firing was perfectly legal.

Richard

by **coinleain** » Sat Apr 02, 2011 12:58 am

How did you think you were supposed to take a sick day? If you don't call or show up twice you will be fired.

by **fiacre68** » Sat Apr 02, 2011 1:12 am

no call no show no job. -... ....

by **hewlett** » Sat Apr 02, 2011 1:18 am

The first one, you can be punished for a NC/NS even if you had a real emergency. Most employers won't though, but they can.

The second, the employer should approve him taking your shift. He wouldn't be able to take it unless he were capable of working the shift directly after, or that someone else was taking that shift, even if it was you.

You were justly fired. You might be able to get unemployment if you were not properly informed if you were fired for the combination of an emergency and mis-communication (if it were not your fault.)

by **ricki** » Sat Apr 02, 2011 1:25 am

Wow! I don't know who advised you to get legal advice and unleash the labor hounds but they were mistaken. There's really no such thing as wrongful termination in the United States when it comes to no call/no show.

It's not your employer's responsibility if you can't get your coverage straightened out. All they're concerned with is the fact that they needed an employee to work that shift and nobody was there. You were the employee on the schedule, it's your responsibility. What you believed is so irrelevant it literally hurts me to think about it.

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