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My partner, who is working at her first job in the States (she's from Canada), and she believes that she can take her employer to court if she is doing shift work and is fired because she drops a shift down to part-time if it inconveniences that employer. I say she can. True or false? I mean, she can be fired.
My partner, who is working at her first job in the States (she's from Canada), and she believes that she can take her employer to court if she is doing shift work and is fired because she drops a shift down to part-time if it inconveniences that employer. I say she can. True or false? I mean, she can be fired.
If she lives in a right to work state, she can be fired for anything except protected discrimination (religious, racial, age, etc).
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Spencgr is correct. Almost all jobs here are without a written contract, and in this situation there is no legal issue for the employer. They are within their rights to let the person go and hire someone that better suits their needs.
The individual case is a little too complex. You have a foreign national authorized to work in the US, so there are visas issues at play. That creates a distinct possibility that there is a written work contract. Also a good possibility that this employee is exempt. If so, there are FLSA issues with time clocking an exempt job (though I don't know those aspects of FLSA well enough to know what they are).
So while wrongful termination is probably not part of this, unless the state is Montana, there can be a whole host of other issues.
If she lives in a right to work state, she can be fired for anything except protected discrimination (religious, racial, age, etc).
at will employment state. right to work is different (relates to union membership). every state has at-will employment (some with exceptions) except montana.
The employer who sponsored her holds the ball. She came in to do a job under specific circumstances, and if she is no longer willing or able to do that job under those circumstances, the employer has the right to terminate her AND their sponsorship of her Visa. In other words she'll be fired and have to leave the country.
There are other circumstances where a foreign national can work without having the visa tied to the employer. Students or resident aliens (green card) are two. So this may not be relevant.
As I interpret the OP, your friend is going to unilaterally decide to change her work schedule (drop her shift). Yes, the employer can fire her in an at will state. Even if she is in a protected EEOC category she can be fired for cause, as the termination would be unrelated to age/gender/religion etc.
Yes, she could take her former employer to court (sue), as anyone can file a lawsuit for just about any half baked reason. However she would be laughed out of court without having any chance of success.
My partner, who is working at her first job in the States (she's from Canada), and she believes that she can take her employer to court if she is doing shift work and is fired because she drops a shift down to part-time if it inconveniences that employer. I say she can. True or false? I mean, she can be fired.
Sounds like she is trying to change the terms of her employment which, if I was an employer, would likely be a legitimate reason to fire her. Beyond that, as others have said, if she is an at-will employee, the employer can fire her for any or no reason. Probably the best she could hope for would be negotiating some sort of severance.
at will employment state. right to work is different (relates to union membership). every state has at-will employment (some with exceptions) except montana.
The employer who sponsored her holds the ball. She came in to do a job under specific circumstances, and if she is no longer willing or able to do that job under those circumstances, the employer has the right to terminate her AND their sponsorship of her Visa. In other words she'll be fired and have to leave the country.
Your friend no longer wants this job then? In that case does it matter if she is fired?
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