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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.


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