What can I do if I was fire without notice because I could not change my schedule to 3rd shift?
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What can I do if I was fire without notice because I could not change my schedule to 3rd shift?
I was working for a company for 4 years. They came to me last week to tell me that I had to go to 3rd shift to train a person. I told them that I couldn’t because my wife works 3rd and I can’t afford daycare. They told me to come in this morning at 7:00 am for a meeting (my normal time is 4:00 am). So we started the meeting but then they told me that was I was terminated for insubordination as of 7:01 am. I’ve never been written up or been late working at this company. I feel like they shafted me. Now they are even fighting my
unemployment by not responding to the agency’s request for information. What can I do?
Asked on March 21, 2016 under Employment Labor Law, South Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Actually, while seemingly unfair, you can be terminated for this. Most employment is "at will". This means that a company can set the conditions of the workplace much as it sees fit. This is true unless such an action would violate the terms of a union agreement, employment contract or even company policy. Additionally, your treatment cannot constitute a form of legally actionable discrimination. Otherwise, an employee can be made to work a 3rd shift or be fired if they don't.
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