Can I be fired due to my manager’s mistake?

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Can I be fired due to my manager’s mistake?

There is a policy at my former job which states that you must turn in any change to your availability 3 weeks prior to the date you need it to be changed Also, they have a point system in relation to absences. Each point rolls over every 6 months. Over 5 points equals termination. I’m at 4.5 points due to personal reasons and my

attendance has been spotless for 2 months. I turned in my new availability 3 weeks prior to the first day of school so there would be no conflict with scheduling. My manager did not put it in the system. She scheduled me in the morning the same time as class. Since the schedule is 3 weeks out I brought it to her attention and gave her my schedule/availability again. About a month ago, I started school and called out because my schedule was still not fixed which technically put me at a 5.5 but I address the issue with my supervisor and she said that they would fix the problem. I work for 3 weeks after that . Today my manager fired me due to my being over 5 points when it was her mistake for not putting in my availability and for not fixing the issue when it was addressed. Should I be fired for her negligence?

Asked on September 14, 2019 under Employment Labor Law, South Carolina

Answers:

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

Answered 1 year ago | Contributor

As unfair as it may be, you have no claim here unless your treatment violated the terms of an employment contract or union agreement. Otherwise, your company was free to set the conditions of your employment much as it saw fit (absent some form of legally actionable discrimination). In fact, you could have been terminated for any reason or no reason at all, with or without notice.

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

Answered 1 year ago | Contributor

As unfair as it may be, you have no claim here unless your treatment violated the terms of an employment contract or union agreement. Otherwise, your company was free to set the conditions of your employment much as it saw fit (absent some form of legally actionable discrimination). In fact, you could have been terminated for any reason or no reason at all, with or without notice.


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