Is it legal to remove me from the schedule after being sent out?
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Is it legal to remove me from the schedule after being sent out?
I recently started working at a kmart in my area because I was fed up with my previous job.I am currently in a homeless shelter, as written on my application. I was given the job and passed the background and drug test. I started 06/9. The Head HR gave me a schedule that covered 2 weeks. I wasn’t given a punch in number, so I had to stand and observe the other workers. I was told to come back Monday 06/12 to start computer training. I arrived and was given a punch in number by the head of HR. I then was sent to the backroom to do training on the computer. Halfway through it, the Head HR walked into the room and told me that my information wasn’t in the system and if I continued working, then the Manager would get in trouble. So she told me not to come in at all on those days and wait for a call on the 25th. However, then she said something that contradicted her statement. She asked if I could come in on 06/18 and work 5 am-10 am, helping put up advertisements. Now I without a job for 12 days. I was curious if this was legal? Since if what she said were true, why have me work on Sunday?
Asked on June 13, 2017 under Employment Labor Law, North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Most employment is what is known as "at will". This means that a company can set the conditions of the workplace much as it sees fit (at least so long as there is no form of legaly actionable discrimination that plays a role). This includes removing a worker from the schedule indefinitely. That is so long as such an action does not violate the terms of an employment contract or union agreement.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unfortunately, if you did not have a written employment contract guarantying your hours, you were an employee at will. That means that your employer could remove you from the schedule, not give you hours, or even expressly terminate you, "at will"--at any time, for any reason. So without a contract guarantying you work, your employer could legally do this.
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