is there anything unfair about my dismissal?

Question

I need to clear up something about my work that is only for the summer. 

I have been working for a marquee company that is run by a couple which are very relaxed people. I texted my boss about having a day of for a family members birthday which i only left in a day in advance which i can see is not overall right but alot of people at work are always having time of so thought in this case it would be fine as i have had no days of since the 3 weeks and always doing over 8 hours a day some times doing 12 hours. I got a text later back in the day saying not to come in anymore as i said i'll be in on Tuesday. I then texted them back saying if i'm going to loose my job over this birthday then i'll come in so i haven't refused any work. I then texted them back saying what's the reson for my dismissal and they said

"you were on a trial period which is now over and work has gone quiet. Choosing a party over work is not acceptable. We now have someone to cover you'. 

I was never stated to when my trial period stated and ended in the first place and i was never given a contract about holiday in the first place. I have been reading up that every employer needs to give the employee and principal statement about a number of things. Holiday, pay names etc. Is the company breaking anything on terms of me knowing where i stand in the company such as holiday and trial periods?

Phil · Accepted Answer

I think you have lost the job, not much point in complaining about it.

However you were NOT fired for cause, and "work is slow" so it's a no-fault dismissal. It's certainly not good cause to fire someone because they asked for a day off for a family event. 

So you can file for unemployment (do it right away) and should get it. 

As to whether they did any technical violations, I can't say. You should get overtime pay for anything over 40 hours in a week. If you didn't you can complain about that.

Boots · Answer

Most jobs have a probationary period of 90 days. That's pretty standard.  And you can be let go for any reason or no reason at all during this period. 

It may not be choosing the party over work so much as the short notice.  A party is usually something that's scheduled in advance. 

A couple of things I see that you could have done better.


1. Call your boss and talk to him. Texting is not a proper substitute for spoken communication. Taking the time to call your boss and speak to him shows the proper respect for your boss, ensures that he got the message in timely manner and allows your boss to ask any questions or address any concerns he has with you taking the time off. 

2. Request a day off at least a week in advance. A lot of hourly jobs make up a schedule 1 week in advance. So, put in your request for time off before the schedule is made. Especially for something like a party, which is scheduled in advance. 

Your employer did nothing wrong here. Just about every job has a probationary period. If you have accrued vacation time, you're entitled to take it but your employer is entitled to have reasonable notice that you want to use that time. 

You did not handle the request for vacation time properly and it left your boss scrambling to find someone to cover for you. All you can do is learn from this and don't make this kind of mistake in the future.

Stuart · Answer

If you were working in the United States, all 50 states are "employment at will" states until after your trial period, and then only Montana changes your employment status.

That means they can terminate you for any reason, or no reason at all - as long as it isn't discriminatory (age, gender, race, etc).

In turn, you can resign for any reason, or no reason at all.

- Stuart

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is there anything unfair about my dismissal?

3 Answers