I'm not fired but I have zero hours and my name isn't on the schedule anymore...what are my rights?

Question

I have a really crazy situation. I work part time in retail and I was working the day shift. My store manager begged me for months to work the night shift because he claimed he needed me there more. So finally I agreed to do so. My sister is a manager on the night shift and would be my direct supervisor (not really but on paper she was) and I was unaware that this is against company policy. All the while, my store manager knew that this was against company policy, never explained this to me, and when the S**t hit the fan, it was explained to me that they were simply just trying to get the job done...but I'm the one who ends up suffering.

Many people do not like my sister so she must have angered someone and they told corporate about our situation leaving us in a situation where one of us has to transfer. I actually was okay with transferring because I wanted to be closer to my home anyway. So I consistently worked to get a transfer for a month (and the plight continues) with no luck. I have been told that they don't have any openings. So I hounded and cornered my store manager who was trying to dodge me to get some answers and help. He told me he would happily inform some of the managers to make some calls on my behalf. After our meeting, I went to them to inform them of Mike's request and promise to me. A few days later when I followed up with the other stores, they had no clue what I was talking about and no calls were made for me.

So then I come in to work and suddenly I'm no longer on the schedule. I'm not fired because there are no grounds (I actually just got a raise not too long ago for doing such a great job AND my store manager is constantly telling me I keep my department together) yet my managers were instructed to not let me work because of their s***w up.

What is even more messed up about the situation is that they never even said anything to me. I call the store and they avoid me, I go there in person and they run away from me, etc. They send me messages through my sister which is not right. It is almost as if they are scared of me but I have never worked for such an unprofessional company (and if I told you the name you and everyone else would know the place) before in my life. If my sister wasn't a manager, I would have no clue what was going on.

I know what they are trying to do though. They are going to try to make me go back on days (which I can't do...it took an unbelievable amount of manuevering to get on nights so it's not that simple for me to switch back) and if I no call no show three times then they will fire me knowing that I can't possibly work those hours.

I'm in a really retarded situation and I need money. Can I get unemployment? What can I do? They never even told me where I stand or explained anything to me. I'm down for a fight because I know that my rights are violated...I just don't know exactly where because I've never heard of a situation like mine before. Help!

Answer 1

You've been laid off and that is eligible for unemployment.

Answer 2

Legally, you've been constructively dismissed.

You could sue for damages, but it'll cost you and the amount of damages is iffy in a part-time situation.

In a tight labour market, you have to be flexible - if they want you to go back on days, then go back on days.

That way at least you keep your job.

Answer 3

That sounds just like Wal-Mart.  They do that kind of c**p all the time.

My guess would be someone is already suing on your behalf.  In fact, since I was an employee of Wal-Mart at a certain time, someone else's lawsuit was given class action status and now I am considered to be part of their lawsuit as well.  

Considering how many times Wal-Mart is sued, my guess would be someone is already suing on your behalf, or will if it hasn't happened already.

But as to your question, unless you are willing to try to sue them yourself (regardless of who the company is), and this is a difficult case to win, I suggest you go ahead and start looking for another job.

They've made it quite clear that they are playing games and want you out.  Even if you get help, they will continue to try to find a way to get you to leave.  Even if you can stick it out, eventually they'll just get tired and take a chance on you suing them and just fire straight out.

But since you have the job right now, you can put down on applications and in your resume that you still work there, that you haven't been fired.  Its easier to find a job if you haven't been fired from a past job, so now is the best time to look.  Don't wait for them to fire you, apply to other places now and get a job elsewhere.  Then just leave them and forget them.

Answer 4

Go to your Human Resourses Department, explain the error with the shift switch and ask them to find out what is going on.  Also, tell them that you are willing to go back onto the day shift.  Let them do their job and find out for you.

Answer 5

Call corporate yourself.  Follow it up with a letter to their Human Resources Manager.

It's unlikely you qualify for unemployment because you were part-time.  However, you should try to get it.