Fired for legitimate reason?
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Fired for legitimate reason?
My daughter was fired last week from her position as a massage therapist at a resort where she’s been employed for 16 months. She’s been the most dependable therapist there, never calling in sick a day and has been acknowledged as such. A new spa director has recently taken over, and 2 days prior to firing her, was singing her praises. The day she was fired, she was laying down in a treatment room. There was no one on the schedule and no clients around, the spa was dead, and had been all summer which is status quo for AZ. She asked the former spa director early in her employment if it was okay if she laid down in a treatment room for 20-30 minutes for a cat nap if things were slow and the former director said
Asked on September 26, 2016 under Employment Labor Law, Arizona
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unfortunately, most employment is "at will". This means that a business can set the conditions of employment much as it deems appropriate and change those conditions as it sees fit. This inlcludes what an employee can and cannot do. In fact, a worker can be terminated for the reason that you gave, or for any reason or for no reason at all. Accordingly, unless your daughter had an employment contract/union agreement that prohibted her termination under the circumstaneces or her treatment constituted sone form of legally actionable discrimination (which you did not indicate), her discharge was legal.
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