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  1. #1
    Join Date
    Mar 2009
    Posts
    7

    Default Can You Be Fired for Trading a Shift for Medical Reasons

    State this occurred in: California

    Last friday I was having my wisdom teeth taken out and I asked another employer to cover my shift 2 days prior. The other employee agreed to take my shift so I called the owner of the company to see if he will approve the shift. The owner of the company does. Two days after Friday which is sunday I get a phone call from the owner of the company firing me. He said he is firing me because I gave my shift to the other employee and that employee went into over time because of that. Is it even possible to fire me because of this? The owner of the company approved the shift too..

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Wrongful Termination

    I keyed in a few terms and did find this. Although it rests on a withdrawal of a job offer, "Promissory estoppel" "may" have some bearing in your case?

    It seems there may be an "implied" promise not to terminate you for doing something he approved, ergo he was "estopped" (stopped) from the action he took.

    An employment law attorney would need to be consulted.

    Rest assured though, he will lie about permission being granted IF the law supports YOU.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,956

    Default Re: Wrongful Termination

    This is not a wrongful termination under the legal definition. A wrongful termination does not mean that you were fired for something you did not do or for something that you had permission to do; it means that you were fired for a reason specifically prohibited by law.

    By all means talk to an attorney under the theory BOR has proposed, but don't be surprised if it doesn't fly. They should have checked to see if the other employee would go into overtime by taking your hours before they approved it, but it's still a new fact that wasn't taken into consideration. Or so we assume.

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