Do I have a case for wrongful termination?
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Do I have a case for wrongful termination?
I was employed at a medical center. I was terminated 7 days ago after I had received a new schedule that had me set to work a 2 pm to 10 pm shift. I went to my supervisor and told her that I couldn’t work this shift due to transportation issues. I catch the bus and they stop
running at 9 pm. She said that when she hired me, I told her I could work any shift. I stated that I never told her that and then walked away. About 2 hours later, she called me into her office and said I was terminated because I verbally attacked her. How is this a verbal attack when I just stated a concern regarding my schedule? Also, there were other incidents that I feel was
discriminated against due to the fact that a White female and Asian female were not
terminated for their misconduct after a customer came to me complaining that she wanted to speak to a supervisor. The customer stated that these 2 employees were bitches and she was very upset regarding these two employees. They still have their jobs. I am willing to discuss further other complaints when I hear back from an attorney. Do I have a claim? I never said anything to my supervisor; I just walked away.
Asked on March 30, 2016 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You most likely do not have a case because you told your employer that you could not work the shift she wanted you to work. Unless you have a written employment contract setting your hours, your employer can set or change your hours at will, and can have you work any hours she wants. If you can't or won't work them, then she may terminate you unless you have a written employment contract preventing termination in that situation--in the absence of a contract, all employment is "employment at will," meaning that you may essentially be terminated at any time, for any reason.
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