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In that case I would say you are screwed. From an employer's and fellow employee stand point, why should you have every Sunday off in order to force someone else to work every Sunday? Your boss is not under any obligation to inconvenience someone else because you don't want to work Sundays. What if everyone in the store decided they weren't going to work on Sundays because they don't want to and you don't have to do it? Regardless, you don't have any legal recourse. My boss can come into my office tomorrow and tell me I'm working weekends on the midnight shift and that's just that. I don't know if there are any Hobby Lobby stores in your area but they are closed every Sunday.
I work in an at-will state that has all 3 of the public policy, implied contract, and covenant of good faith and fair dealing exceptions if that helps, does that help my cause at all if they try to or do fire me?
As I said I have indicated I will work ANY other nights and WHATEVER other schedule, just NOT sunday nights. Me not working Sundays has nothing to do with religious reasons. District manager already asked me if there is any legal reason I can't work Sunday nights and I had to say no. He talked of potential future accommodation but with these 2 other assistants I struggle to see how that would ever happen and it really bugs me cause there is an associate deserving of promotion who WOULD work ANY nights, including sunday, that my manager is being stubborn to promote with great reasons like why didn't the previous manager ever promote her, that's garbage cause my previous manager made tons of mistakes and hired plenty of garbage people in his 1 year there, most of which by and large quit or were ultimately terminated. So I've offered a VIABLE solution and their only solution it seems is to stick me WHEREVER to fill in the gaps, screw that I'm full time, my years of service. I feel as long as they retain these other 2 assistants with very limited availability even though I am full time and they are not, they can't fire me cause I won't close one specific night? Or could they just because I'm full-time, it's just really unfair to someone whose given as much as I have and am only asking for this one simple accommodation. The way we've been covering Sundays is yet another assistant from a nearby store has been closing, why couldn't that just continue?
So, wait...you say Sundays are covered because someone else is working Sundays from another store? That is not "covered". Also, sorry, but having worked retail for quite a while, you really need to work at least one Sunday night per month. Just fair. Whatever reasons you have forf wanting to be home on Sunday are likely (you say they are not religious) just as compelling as the reasons the others want to be off on Sunday nights. You need to be willing to work at least one Sunday night per month...
Remember the last time you quit a job? You know hoe you found a better job, told the current job you were leaving, and gave 2 weeks notice? How would you feel if when you told your boss you had a better job he replied with "nope, sorry, not letting you quit?" Wouldn't like it.
Welcome to the doctrine I will misname to go with "fire at will" that I am going to call "quit at will".
You guessed it. Employment at will is why you can also QUIT when you want. For any or no reason.
Why won't you work Sundays? It isn't for a religious reason....so what is the issue? You can't and shouldn't expect people to accomodate for you, even if it may be something you see as minor.
I work retail. I am the only full time assistant manager. I am willing to work whatever days/nights EXCEPT for Sunday nights. I have been where I'm at for years and whatever manager I had at the time always found a way to make it work between themselves/other assistants/etc. I recently got a new manager. Another assistant that's been there 3 months that never works weekends was asked to help cover Sundays, he refused. We are getting another assistant transferred from another store who has NO night availability at all, big help there. So far as I know, neither of them are having their feet held to the fire to have greater availability, but I feel I am. I am full-time, but I have seniority and have always been consistent that I'm not available sunday nights. So long as these other 2 assistants with their limitations are retained, I couldn't possibly be terminated for not being available for ONE specific night after YEARS of service could I? Already looking for another job cause of this nonsense.
Before at will, there was a bias towards employees. They would leave without giving a valid reason. One way to tackle that would be to pass a law that requires employees to present a valid reason that meets specific criteria before quitting. Another way is to make sure that the same freedom to separate applies to employers. That's where at will comes into play. It makes it fair.
The last place I worked ( 600 employees) the meetings always ended with management " reminding" us that we were hired ..........at will.......... and can be let go for any reason or for no reason.
As I was getting real close to retiring I quit w/o any notice whatsoever.
I came back for my exit interview and final paycheck and management said they were shocked I gave no notice.
I told them after we were all constantly threatened with being let go, I was going to show them the door swings both ways.
The last place I worked ( 600 employees) the meetings always ended with management " reminding" us that we were hired ..........at will.......... and can be let go for any reason or for no reason.
As I was getting real close to retiring I quit w/o any notice whatsoever.
I came back for my exit interview and final paycheck and management said they were shocked I gave no notice.
I told them after we were all constantly threatened with being let go, I was going to show them the door swings both ways.
This is essentially what the worst case scenarios have come down to. Employees used to take advantage of their employers. This resulted in at will. Now employees and employers can both take advantage of eachother.
Perhaps, a better solution would have been to make it just as difficult for an employee to quit as it was to fire an employee.
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