Can an employer just take you off schedule and not tell you you’re fired?

UPDATED: Sep 30, 2022

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Can an employer just take you off schedule and not tell you you’re fired?

I was working for a company and one day I went into work and notice they had hired a new girl which was Odd to me because we was full. And then that Friday I went in to see schedule and they marked me off but never actually told me I was fired or anything.

Asked on October 11, 2016 under Employment Labor Law, Kentucky


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

Answered 6 years ago | Contributor

Yes, this is legal. A company can set the conditions of the workplce much as it sees fit. The fact is that most employment is "at will", which means that a company can terminate a worker for any reason or no reason at all, with or without. That is absent legally actionable discrimination or the breach of a governing union agreement or employment contract. That having been said, in your situation if you are not scheduled for work, at some point you may be eligible for unemployment since you are not working "through no fault of your own" (the basic test for unemployment eligibility).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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