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Is It Legal to Fire Someone in the Middle of Their Shift

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  • 10-06-2011, 10:01 AM
    DemonDragon
    Is It Legal to Fire Someone in the Middle of Their Shift
    My question involves labor and employment law for the state of: Virginia

    My BF has been having a difficult time at work, they bring up ridiculous excuses to try and fire him, and its getting to the point that he wants to let them fire him, or he just quit his job. Something that the company has done in the past (XM/Sirius Radio) Is fire someone in the middle of their shift. He's witnessed it personally. I don't recall who, but, I think it was my sister who told me that, its not legal to do that. So, since I'm unable to find the exact law I'm looking for online. I'll ask here. Is it legal to fire someone in the midst of their shift? Can you pursue legal action against a corporation for doing this? I'm thinking that, its legal to do so, as you don't need to wait till the end of their shift, perhaps its a state law in another state and my sister has her information confused, I am uncertain.
  • 10-06-2011, 10:04 AM
    eerelations
    Re: Is It Legal to Fire Someone in the Middle of Their Shift
    It's perfectly legal to fire someone any time during or outside his/her shift. Where on earth did your sister get the idea that it's illegal to fire someone during his/her shift? I've heard a lot of misconceptions in my time, but never this one.
  • 10-06-2011, 10:11 AM
    Beth3
    Re: Is It Legal to Fire Someone in the Middle of Their Shift
    I think it was my sister who told me that, its not legal to do that. I can't imagine where your sister came up with that.

    Is it legal to fire someone in the midst of their shift? Yes.

    Can you pursue legal action against a corporation for doing this? No.

    No State or federal law dictates when an employer can fire an employee. An employee may be lawfully fired at the start of the shift, during the shift, the end of the shift or even when an employee is not working at all.
  • 10-06-2011, 10:20 AM
    LawResearcherMissy
    Re: Is It Legal to Fire Someone in the Middle of Their Shift
    Concur with Beth. There are no laws requiring an employer to wait til the end of a shift to fire an employee.

    It's not uncommon for people to be fired in the middle of the day and escorted immediately from the premises in some industries.
  • 10-06-2011, 10:21 AM
    DemonDragon
    Re: Is It Legal to Fire Someone in the Middle of Their Shift
    That is what I thought, thank you for clearing it up for me. :)
  • 10-07-2011, 05:21 AM
    DemonDragon
    Re: Is It Legal to Fire Someone in the Middle of Their Shift
    Another short question. I brought up this topic with my BF, and he doesn't believe me. Apparently, one of his mothers co-workers was fired in the middle of her shift, and ended up suing the company she worked for. He claims she won, or got a settlement. I don't believe him, since, well, as you clearly stated, it simply can't be done, I looked into the 'At Will' thing and perhaps its different for Commonwealth states? She worked at a call center as well. The only reasoning I could come up with, was perhaps she was under contract and it was stated in her contract that she couldn't be fired in such a situation. His response to that, is, well, maybe I'm under contract too and no one told me. How can I convince him that he can't sue his employer. Can you link me to the site stating the laws?
  • 10-07-2011, 05:23 AM
    LawResearcherMissy
    Re: Is It Legal to Fire Someone in the Middle of Their Shift
    You're not understanding.

    There ISN'T a law prohibiting people from being fired in the middle of their shift. Therefore, there's nothing to point you to. At Will is no different for Commonwealth states - you can walk out mid-shift, you can be fired mid-shift.

    Quote:

    How can I convince him that he can't sue his employer.
    Send him to an attorney who charges a consultation fee. Let him pay the attorney to tell him for a fee what we just told you for free. Some people only value what they pay for.
  • 10-07-2011, 05:49 AM
    DemonDragon
    Re: Is It Legal to Fire Someone in the Middle of Their Shift
    But he's absolutely certain that his moms friend was telling the truth. Besides, his blowing money like that, hurts me just as much as it hurts him. :\ We got into a heated debate about it yesterday when I was taking him to work. I told him there was no way she could have sued under those circumstances, he swore up and down she did, so, I said either she lied, or his mom lied, regardless, if she won any lawsuit, it had nothing to do with her being fired midshift.
  • 10-07-2011, 06:23 AM
    eerelations
    Re: Is It Legal to Fire Someone in the Middle of Their Shift
    We're not saying anyone lied, we're saying your BF's mom is mistaken about her the basis of her friend's lawsuit.

    If your BF's mom's friend sued her former employer and won, it must have been for some reason (and there are many many many credible possibilities) other than being let go in the middle of her shift. Before your BF goes and wastes a whole lot of money paying an attorney to tell him the same thing we've been saying, advise him to speak directly to his mom's friend about the real basis for her lawsuit.
  • 10-07-2011, 06:57 AM
    cbg
    Re: Is It Legal to Fire Someone in the Middle of Their Shift
    IF the friend received a settlement, it was NOT because she was fired in the middle of her shift, it was for some other reason. There is NO Federal law and NO law in any state that prohibits an employer from firing someone in the middle of their shift. Period. Regardless of whether it is a Commonwealth state or not.

    I suggest you ask him to show you the law that makes firing someone in the middle of their shift illegal.
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