Legal Question in Employment Law in New York
Unfair Scheduling Policies
I asked for a day off three weeks in advance, which was one week earlier than the policy that was in place at the time required of me. After I left the request in the special folder, I confirmed with the supervisor who was in the office with me then that I was leaving the request for such and such date in the folder, which she said was okay. A week later, however, I was told that the rule changed, and no one could request a day off anymore. I must ask an employee who knows my station to cover for me anytime that I need a day off, and no one is allowed overtime for this. This is difficult, as the staff is being stretched pretty thin right now, anyway. I don't know what to think, as I am a lowly min. wage worker who has never seen this kind of policy before, and I believe that I should still be given that one day off, as I asked for it before the rule changed and followed the rules as they were then.
My question is, then, can they fire me if I don't show up? I tried to get someone to come in, but it doesn't seem like anyone will be able to. This is really bad, I hate the company that I work for. With all of the lawsuits they have had for crap like this, you'd think they would change their perspective a little.
1 Answer from Attorneys
Re: Unfair Scheduling Policies
New York is, like most states, an "at will" employment State, meaning that, yes you can be fired for not obeying this rule. Or basically for any reason that does not discriminate againt
you under NY or Federal Civil Rights Statutes and/or violate the Fair Labor Standards Act or Labor Laws.
A general rule of thumb is that, if you don't have a contract with employment terms that provide you with a definite period of employment,
you can be fired for any non-discriminatory reason.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
