Can you befired for cause as a “no call/no show” if you already established you couldn’t work during certain hours?

UPDATED: Aug 20, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 20, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can you befired for cause as a “no call/no show” if you already established you couldn’t work during certain hours?

My friend has established a schedule with his job as to what hours he can work. They recently contacted him at 8 am in the morning, requesting him to work at 9 am that day knowing he already couldn’t make it (college student in class) to which they said “OK. Show up when you can.” He shows up after work and fire they him for “no call/no show” and send him home. On his way out, a manager offered him the chance to “put in 2 weeks notice instead.” But still no hours that day. Now he is looking at 2 weeks before being forced out, and potentially being told to “go home” each day anyway.

Asked on August 20, 2011 New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The real issue is whether there was some enforceable agreement as to the hours your friend would work. If there was not, then he was most likely an employee at will, and an employee at will may be fired at any time, for any reason. An employer could even change its mind about an employee at will--i.e. accomodate his needs for awhile, then decide it is not willing to do so anymore.

On the other hand, if there was an enforceable agreement, which among other things requires a meeting of the minds (agreement between both parties) and consideration from both sides (e.g. each side gives up something of value to the other), then that agreement is enforceable. If your friend feels there may have been an agreement as to his hours, he should consult with an employment attorney who can evalute the potential agreement and circumstances in more detail.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption