I filed a complaint about another employee who has been with the company for over 20 years. Shortly afterward I was fired. The company said I am “at will” and they can fire me for any reason, and they were just “letting me go.” Is that the same as being fired, and can they do that? I feel it was retaliation for filing a complaint against a senior veteran. What are my options?
Well, first of all, yes, being “let go,” or “laid off,” or having your “position eliminated,” due to something like a “reduction in workforce” are all euphemisms for the same thing — losing your job, which means fired. Now, some people equate being “fired” with having done something wrong, which isn’t always the case — but the bottom line is the same. As for your situation, if you can prove that the company did not follow their policy guidelines or that they retaliated against you for making a claim, you may have a case. Here’s another one for the lawyers.
If you work in retail and you tell your employer which dates you are not available and they assign you that shift at the last minute anyway, can they fire you for not working the shift? And if they do, can they prevent you from getting unemployment? That is what my employer has threatened me with.
Nice people you work for. Threats as a motivational tool may work well in evil empires and dictatorships, but not so much with employees. However, your availability is secondary to the business needs of the company. It is common for retail establishments to alter shifts and if you can’t be flexible enough to work the shifts they assign, they can fire you. That being said, this is not grounds for you to be ineligible for unemployment. You most likely would be eligible unless you willfully refused work and your employer made a strong case against you. Otherwise, the unemployment office generally favors employees.
Gregory Giangrande is a chief human resources and communications officer in the media industry. E-mail your career questions to gotogreg@nypost.com. Follow Greg on Twitter: @greggiangrande. His Go to Greg podcast series is available at iTunes.
