What can I do if I was fire without notice because I could not change my schedule to 3rd shift?

UPDATED: Sep 30, 2022

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What can I do if I was fire without notice because I could not change my schedule to 3rd shift?

I was working for a company for 4 years. They came to me last week to tell me that I had to go to 3rd shift to train a person. I told them that I couldn’t because my wife works 3rd and I can’t afford daycare. They told me to come in this morning at 7:00 am for a meeting (my normal time is 4:00 am). So we started the meeting but then they told me that was I was terminated for insubordination as of 7:01 am. I’ve never been written up or been late working at this company. I feel like they shafted me. Now they are even fighting my

unemployment by not responding to the agency’s request for information. What can I do?

Asked on March 21, 2016 under Employment Labor Law, South Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Actually, while seemingly unfair, you can be terminated for this. Most employment is "at will". This means that a company can set the conditions of the workplace much as it sees fit. This is true unless such an action would violate the terms of a union agreement, employment contract or even company policy. Additionally, your treatment cannot constitute a form of legally actionable discrimination. Otherwise, an employee can be made to work a 3rd shift or be fired if they don't.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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