Can my employer fire me for changing the schedule AFTER giving me an official copy by holding me liable?

Question

So I get a schedule, an OFFICIAL COPY of the finished schedule, at the start of every month. It has all the days I'm supposed to work, as a schedule usually does, and I keep that at home and use that to tell when i work. My employer changed the schedule after the original schedule was distributed and I was signed up to work a shift that, in my year of employment with said employer, I have never worked before. They did nothing to contact me, no call, no memo, nothing, just changed the schedule at my workplace, and I never noticed the change.

Well, I missed work today. I was supposed to be there this morning and I didnt know. My phone was on silent from a movie that i saw last night, and they tried to call me this morning to tell me I should have been there.

My question: Can they fire me strictly because I have a "no-call no-show" now, considering the circumstances of the schedule change? It just doesn't seem like it's right that they changed the schedule and didn't notify me of the shift change, especially considering they give out schedules, quote un-quote "official copies" for me to use at home.

Bah, is this right? Is this legal?

Answer 1

You're likely at at will employee, so they can terminate at any time with or without cause. They sound like jerks, so you should seek other opportunities.

Answer 2

Nearly everyone these days is an "at will" employee, and has an "at will" relationship with their employer.  That means that they can fire you at any time, and you can quit at any time.  They may use this as an opprotunity to get rid of you if they had been looking for one in the first place, but more likely, they will slap you on the wrist and give you an updated copy.  You should ALWAYS be looking on the board in the breakroom and keeping up with all company communications, because you never know when or where they might distribute this information.  

It is unlikely that they changed your schedule without SOMEHOW informing you, because they WANT you to work... employers do not pay to you not show up, so probably, you missed the info.  They aren't going to call you for this stuff, it may have been announced in a meeting, posted, emailed or snail-mailed.  Do your best to keep up, ask HR how these things are communicated at your place of employment.  

Yes, legally, they can fire you, but they won't unless they were waiting for a reason to do so.  (they may be looking to downsize, etc)

Answer 3

Yea, they can fire you. But I would think that if this is the first time you've ever had an issue with your schedule, then you will probably just be reprimanded. Always be sure to check schedules, even if you just looked at the same day yesterday. The boss can't be held responsible for your ignorance to double-check, but you sure can!

Answer 4

YES they can fire you..........................

would that be right? well that depends on if you have had attendance and/or tardiness problems in the past.

if they fired you then you could file for unemployment insurance and might qualify if you have a copy of the schedule and they could not prove they tried to contact you about the change. you probably would not qualify but the only way to know would be to file.................

unless you have had employment issues in the past i don't think that is even a concern. most likely all that will come from this is a short counseling session and possibly a written warning. learn from the mistake and come up with a plan that works for you and the employer to make sure this does not happen again.

Answer 5

NO. This would be considered to be unreasonable and if you challenged this to the Australian Industrial Relations Commission, I have no doubt you would easily succeed.

An employer must prove that the termination was not unjust, unreasonable or unfair.

Assuming you have not left out any major details of the incident, I think I can safely say you have an exteremly strong case to fight if the did terminate your employment.

This is regardless of any nonsence such as "your responsibility to keep informed of changed", that is a little hard if you are at home on your day off when the change is made. Any argument made by the employer along these lines would only further prove how unreasonable both the company's policies are and the actual termination is.

Answer 6

You can quit any time, right? You can just up and say, I quit, and walk out. So why can't they have the same right to tell you, you are fired?

No notice required by either side.

That's not all that unfair.

Also, if you were a super employee, this would be a moot point, wouldn't it? Your best insurance against being fired is to do the best job possible. I guess that means paying attention to when the OFFICIAL SCHEDULE changes.

Answer 7

if you you knew you were supposed to work they can get you for no-call no-show....there should have been a memo sent to you informing you that the schedule would be changed.....the whole thing you are describing is a crock and they shouldnt fire you although by rights they can....you could file for unemployment and fight it out with them in hopes they will offer the job back to you instead of opting to pay unemployment

Answer 8

It's YOUR responsibility to stay informed of schedule changes.  It's not your employer's responsibility to hold your hand.

I agree, it was not cool - but as an at-will employee, you have the option to see employment elsewhere.

It's QUITE "legal", by the way.