Search This Site.

My boss won't schedule me or fire me

by A.
(California)

I've only work at my job for about a month or so but my first two weeks I worked anywhere from 3 1/2 hours to 7 hours with no days off or any breaks then I got the stomach flu & was sent home by my boss he gave me 3 days off before I went in & explained I was no longer sick & wanted to work again . He called me into work a few days but only had me there for 3 to 4 hours at most before he'd send me back home , now he isn't scheduling me any & I've asked numerous times to work but he just says take day off .



I finally asked why I wasn't working & his comment was I look too tired or sick at end of busy rushes. I told him I wasn't & said I didn't understand why he thought that after I did fine working two weeks without day off & worked more during that two weeks than I am now . I asked if I could get changed to different shift if he felt that way with no response . I've said I would work any shifts even if only a few hours a day but want to work . What can I do ?


Chris's Response to "My boss won't schedule me or fire me?



I think I've been very clear before whenever I answered questions .. such as yours.

1. If you're going to just talk about something with a boss .. you would also be ignoring my advice to make certain you document conversations with a boss in such a way as to make clear to the boss, your understanding of what was said. Email is still good for something as when printed, they have the ability to confirm you acted and made efforts to preserve the employment with the date and time an email was sent, or received for evidence purposes.

2. Once you have documented what you asked for and what you got in response from an employer, then I would say the situation calls for an unemployment claim that presents a temporary "lack of work" situation.

3. Without this ability to prove the real situation of why you're not working .. you leave a less than honest employer wide open to responding to your claim that you voluntarily quit your job by abandonment when you went home sick .. but then you in particular, would also need paystubs to prove that wasn't true and the fact that your hours may of been cut to the point making you eligible for a partial unemployment benefit.

4. Is there no one above this person you can go to also to try to resolve the situation .. documenting your efforts along the way, as well?

Comments for My boss won't schedule me or fire me

Average Rating starstarstarstarstar

Click here to add your own comments

Aug 28, 2017
Rating
starstarstarstarstar
What to do when a boss uses his authority over you as a punitive weapon
by: Chris - Unemployment-Tips.com

Is it just me, or does anyone else think of "monkey see, monkey do" after witnessing their president behave as a temperamental chef, baker .. or candlestick maker as being connected to some boss's aha moment? No matter, I do.

You also didn't mention if California is the state this happened in, so I'll presume it is.

First, I have so much I think I should explain, in something like a preamble .. but to save my sanity .. and to actually increase the odds I can can continue to earn a small living from giving more detailed unemployment tips. I'll try to keep this general and only because you gave me information I can chew on:)

First, I need to ask if there is someone, anyone else .. who is possibly, presumably, a person with actual authority over this person you have suggested ..is your boss?

If there is, that is who I think you must contact, (and I mean for the purpose of documenting a communication that lays out critical elements you can prove as fact for UI) in case my next tip, to file an unemployment claim for partial unemployment benefits, just in case this type of temporary layoff ever happens to you again, or if filing results in your termination, or you ever end up quitting .. you won't be completely devoid of any evidence you can make work for getting benefits.

The problem with documenting is it often turns out to be a double edged sword in that what you document can be important to proving facts you need to prove, but can also motivate nuts to think they need to finally fire someone .. without evidence of misconduct, or with made-up evidence.

When faced with petulance from a leader, as their subordinate, you must consider the delusional nature of the leader, if he/she thinks being a leader entitles them to punishing employees for no good reason vs. documenting via write-ups and progressive discipline policy, to verify the employee was responsible for their own termination. (Sorry I may watch too many Food Network shows filled with egos, but I'm thinking you work for a petulant chef celebrity.)

The purpose of documenting is to to clearly explain the facts and circumstances of a situation in such a way, as to hit all the relevant notes to unveil the acts of an unreasonable employer. This is the exact opposite of what employers are attempting to do when they issue written warnings to at-will employees they are allowed to fire at will for no good cause without repercussions.. because of the underlying doctrine of at-will employment .. which is not a law .. but an ideology.

Unemployment laws however have been interpreted by decisions to acknowledge that even a boss can be an unreasonable ass.

This preemptive laying down of facts, as long as you're relating only the facts connected to the current terms and conditions of your employment can go a long way should the worse happen and you end up either rebutting if fired, or proving multi-efforts to preserve your job first .. if you quit and need to collect full unemployment benefits.

The wild cards here either come from the abusive party in the relationship willing to go all in and lie about those efforts if you quit, or create the perception of misconduct .. all bundled up in a tidy pile of documents to explain the employee had been previously warned.

The reason why I'm now rambling, is I don't think it's written anywhere in employment, or unemployment law (at least not clearly), but when arguing to unemployment laws at lower level appeal hearings, there is this concept that what can make an employer unreasonable, is if they actually use their authority to go beyond directing subordinates and use it as a weapon to dispense intimidating and unreasonable punishment, that somehow contradicts the terms and conditions of the employment relationship .. hours worked being one of them.

Documenting to correct a situation at work, becomes what a reasonable employee is expected to preserve their job and that is something I know can be found in precedent UI decisions.

So, what I would do, if I my boss took me off the schedule for a week over a bullshit reason? I would begin a campaign to document facts, so I could improve my ability to prove the reason was bullshit in the first place (and I mean even if I had to deliver the communication directly to the overlord dispensing the BS.

As for this: I was not about to have someone yelling at me I am a 5'1 female so I left. That might be a relevant factor for UI benefits, if you felt physically intimidated, or in fear of bodily injury, but it might also be relevant to document as a preemptive attempt to preserve your job when you describe the incident in an emailed communique factually, and objectively .. instead of emotionally

And I might also tell you as a fellow 5'1" female and now so over the hill I finally have that attitude I wish I'd found when younger. I definitely would of clocked out too, but also fantasizing about leaving the boss a parting gift to remember me by .. before opting to take the strategic high road.

By the way, California may have a one week unpaid waiting week .. I just can't remember off the top of my head, but I know this is a good resource if you are working in California.

Aug 28, 2017
Rating
starstarstarstarstar
same issue
by: Anonymous

I am the top person in the kitchen where I work. In the last 6 months my boss has completely taken me off for the whole week over his personal opinions. This has happened 3 times. Yesterday I had a great day at work. Went to ask my boss a question and he was in a bad mood got mad at me for trying to ask him something. Told me to clock out and go home. I was not about to have someone yelling at me I am a 5'1 female so I left. That night the schedule gets released and for this upcoming week yet again I'm taken off. I am wondering what is the first step. I know what he is doing is very wrong but he owns his business and its a small pop and mom shop. He is the top of the chain and I know that he does these things with other people too.....help? Stop the work retaliation :(

Click here to add your own comments

Tell us your unemployment story! It's easy to do. How? Simply click here to return to Workplace Stories.

} }