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  1. #1
    Join Date
    Mar 2008
    Posts
    8

    Default Can You Be Terminated For Having Another Job

    I feel i was terminated for a different reason.

    I work for a cafe in Maryland (baltimore county), on Friday 3/29 I called a co-worker at 3:30am and informed them that I was going to be late because I had to take my partner to the emergency room for a knee injury which occurred at work (we work for the same employer). My shift started at 5:30am and I was not able to come in until 9:15am. I called work several times to keep them updated of the situation and that I was going to be in later than I thought (there was a chance that my partner needed immediate surgery and wanted to know what was going to happen before proceeding to come in to work). When I finally came in, I handed the store manager a letter from the doctor excusing my partner from work until further notice. The next day I ended up missing work and failed to call due to oversleeping and not waking up until after the store was already closed. I had very little sleep the previous 2 nights due to what was going on at home with my partner.

    2 weeks prior to this my department manager learned that I had a job offer from a customer who opened his own restaurant which is about 14 miles away from where i work now. I was confronted by my manager about this and I told him that I was not sure if i wanted to take the offer. Then last week I asked my manager about the possibility of switching part time because I wanted to start a 2nd job (but stated that it was an offer from a different person for a different type of job in hopes of avoiding any problems because the customer that offered me the job was a friend of my employer). I don't think my manager believed me in any case.

    Then today when I came into work (after failing to call out yesterday) I believe my manager suspected that I may already be working for the other restaurant that made me an offer. I told him that I was going to work for someone else but only on a temporary basis and that I wanted to work part-time so that I could come back and keep my salary (we are paid time and a half of sundays...but recent new-hires are now only paid an additional $2 on sundays). So I asked him this morning if he thought it would be a good idea for me to ask a store manager about changing my availability to part-time or wait due to the fact that management may be upset with me because I missed work the day before and failed to call. I did explain to him (my dept manger) as well as with the asst store manager that I was unable to call because by the time I woke up the store was already closed...and that I had very little sleep in the past 2 days.

    my department manager told me not to say anything now and that he would talk to upper management about it. Then at the end of my shift I was called to speak to the asst store manager. When i came into his office the first question i was asked was if it was true that i had another job. My response was that there was a chance that I may have another job but nothing was confirmed yet, and that I informed my manager about it because I did not want to quit my current job and wanted to continue working part time because the job offer was only temporary and that I was taking it purely for experience and not for a higher salary as well as having full intention to return after it was done. Then after I explained this I was then told that I was being fired due to failure to contact a manager regarding my absence...to which i explained that i was unable to call due to the store being closed.

    I was told that it was not for that one incidence, but because I had missed work days in the past or have come in late as well. The reason i think it might not have to do with those previous incidences is the fact that they had happened so long ago and I had never missed a day of work without a doctors note, although there were 3 or 4 occasions that I came in late due to oversleeping. Also, the fact that I was first confronted with the question "is it true that you have found another job?" made me feel that the true reason was that my manager informed him of this.

    I have yet to know whether or not I will be working at the new job...I will not find out until next week and there was still the question of benefits so I had not accepted, but i was just informing my department manager of the possibility.

    Was I wrongfully terminated? I cant afford not to work, I live pay check to pay check and after meeting with a credit counselor a few weeks ago I am already constantly $500 short each month of what i need to make to pay my bills...I was going to file for bankruptcy.

    Do I have a chance of getting unemployment insurance? I filed a claim online today, but I am nervous about not qualifying.

    ***********background info**********
    I wanted to add some info in case it would make any difference. In the past I was asked to be the department manager, but I had turned it down because I was only offered $1 raise for taking on the manager position with significant amount of added responsibility. after declining the offer I was given the silent treatment by some of the upper management. After 3 months a new manager was hired which was then fired after 2 months. A few weeks later a new person was hired which I suspected was going to be our new manager. I decided to submit my resignation at that point. I was then offered the manager position a 2nd time by the owner...he had upper management make the offer to me in hopes of having me stay. However, management offered me only a $0.25 raise, so I declined and left after 2 weeks. After a month the owner insisted I come in for a meeting and offered me my job back with all the benefits because he wanted me back and that he received so many customer complaints about me not being there. I was already working at a new job (3 doors down) and was training to be a store manager, however I decided to return due to the better insurance benefits. I add this because I feel that they were happy with me as an employee and even asked me to return, but perhaps now they are upset because I was considering another job.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Terminated For Having Another Job?

    No, you were not wrongfully terminated. You may or may not have been unfairly terminated but it is not illegal to terminate someone because you have/are looking for another job; nor is it illegal to fire someone because you have several tardies and did not call in properly.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Terminated For Having Another Job?

    cafeworker;191815] the job offer was only temporary and that I was taking it purely for experience and not for a higher salary as well as having full intention to return after it was done.
    don't you think that would be up to your employer?

    Then after I explained this I was then told that I was being fired due to failure to contact a manager regarding my absence...to which i explained that i was unable to call due to the store being closed.
    No, it is because you were asleep when you should have been to work, or at least calling them.


    I had never missed a day of work without a doctors note,
    a doctors note carries no weight. It is merely to prove you were sick. It helps the employer know you weren't just playing hookey.


    I have yet to know whether or not I will be working at the new job...I will not find out until next week and there was still the question of benefits so I had not accepted, but i was just informing my department manager of the possibility.
    You might want to consider taking it now regardless of the benefits.


    Was I wrongfully terminated?
    No.

    I cant afford not to work, I live pay check to pay check and after meeting with a credit counselor a few weeks ago I am already constantly $500 short each month of what i need to make to pay my bills...I was going to file for bankruptcy.
    makes getting a new job pretty urgent then.



    Do I have a chance of getting unemployment insurance?
    possibly but nothing for sure. It is up to the state and how they view the situation.

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Terminated For Having Another Job?

    Maryland is an at-will employment state and you can be terminated at any time for any reason that is not protected by law (ie age, race, religion) or unless you had an employment contract or CBA to the contrary. It's just like you could have quit your job at any time for any reason w/o a contract to the contrary.

    File for UI - it will be up to the state whether you receive it or not.

  5. #5
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Terminated For Having Another Job?

    I just read your add'l. info - still no wrongful termination.

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