Can an employer fire my daughter for not covering a shift scheduled during school hours?

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Can an employer fire my daughter for not covering a shift scheduled during school hours?

My 16 year old started her first job. Her employer knows she is a student, and requires everyone to list their availability 2 weeks in advance. Next weeks schedule has been made and my daughter failed to let her employer know that school is starting back up. She is scheduled during school hours which she has just brought to her employers attention. Her employer told her if she is not available to work next week she will have to let her go. Is this legal?

Asked on August 8, 2018 under Employment Labor Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unless this action violates the terms of an employment contract or union agreement, your daughter has no claim here. The fact is that most work relationships are "at will". This means that a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). Accordingly, while her treatment appears unfair, it is legal.


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