If I’ve been taken off the schedule for good but they won’t fire me because they have no grounds, is there anything that I can do?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I’ve been taken off the schedule for good but they won’t fire me because they have no grounds, is there anything that I can do?

I am always on time and fill in for all the call offs. I was taken off the schedule and no one will tell me why other then there is no room and I won’t go back on the schedule at all. They can’t fire me because they have no grounds whatsoever. They are just waiting for me to be fed up enough for not being on the schedule and quit. Is there anything I can do about it?

Asked on January 17, 2017 under Employment Labor Law, Ohio

Answers:

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

Answered 4 years ago | Contributor

A business can set the conditions of the workplace much as it sees fit. This includes when, or even whether, to schedule an employee to work. This is known as "at will" employment. The fact is that a company can fire a worker for any reason or no reason at all, with or without notice. The only exceptions to this is if the action violates the terms of an employment contract or union/collective bargaining agreement. Also, such treatment must not constitute any form of legally actionable discrimination or retaliation. That having been said, if an unreasonable length of time goes by without your receiving hours, you can argue that you have been "constructively discharged" and possibly be eligible for unemployment benefits.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption