DD lost her job...... need advice

[Claudia1]

DD is a teen and is/was a good waitress. She routinely received more tips than her teen peers and her boss told her that he liked her work. We changed our family spring break vacation because "he couldn't do without her on the schedule".

Suddenly, 3 weeks later he said he had to let her go but would be putting her on as a waitress. 3 weeks later, still no hours. She has been trying to talk to the boss for 2 weeks and finally surprised him last night and got to talk to him.

He said that only on customer had complained but that is a family that complains about everybody and he has told them to not return because they make trouble. He said the reason he let her go (her first indication that she was fired!) was because he was hearing things about her. She pressed the issue and these "things" are not from customers so it must be employees. He told her that he would not tell her who or what was said. He also told her that he would talk to her on Monday (in 2 days).

DD has had a problem with catty/jealous peers. We think that someone (and we suspect which one) has told the boss things that are not true. The restaurant has rules about dating co-workers. She has not done it but someone was trying to start that rumor. While it may not be a perfect place to work, we were trying to help her get along because she liked her job and she was good at it.

My question: Isn't she entitled by law to know the specific reason for termination? If she doesn't get a straight answer on Monday, we will counsel her to file for unemployment. In that process, the facts should come out.

What are the laws governing these types of things?

 

[iNTeNSeBLue98]

That stinks. I hope she and her boss can resolve the matter on Monday.

 

[Dan Murphy]

Don't have an answer for you, Claudia, but sure do wish her the best. She is a good kid.

 

[ByTheSea]

depends on where you live, but the majority of states are "At-will" employment states, which means in a nutshell, just as an employee can terminate/quit "at-will" for any reason or no reason, an Employer can terminate/fire "at-will" for any reason or no reason, as long as it's not an illegal reason. Although most would (and ethically maybe probably should) provide a reason for dismissal, it's not necessarily required by law in all states. Depending on how much she worked (how much she made) and how long she worked there, she could file for unemployment, if the restaurant contested her claim (by claiming she was terminated for cause) then she may eventually find out why at that time....

Good luck to her. She may be better off at a new job, rather than working with back-stabbing co-workers spreading false rumors about her.

 

[Ragmop]

I live in an "at will" state, and our boss routinely fires people for no reason-and he does not have to give that person a reason-and I'm talking about folks with families and a mortgages,etc.

Get her to apply at other places...summertime is a time when many young people switch jobs ...and now she has experience!

 

[Mskanga]

I second what bythesea stated. I was fired because I took mothers day off last year after I let management know seven weeks in advance that I was not going to be available that day. Another co-worker did the same exact thing , on the same exact date ( actually we both did it at the same time ) and I got fired and she didn't. They did me the biggest favor because I was going to quit by the end of that summer anyway but then I was able to collect unemployment the whole summer and start with the school district in September. It was a blessing.
My advice is , your dd should get another job someplace else where she will be valued , in the meantime I would apply for unemployment, what else does she have to lose? nothing.
I wouldn't bother to go back there.

 

[Obi-Wan Pinobi]

It probably depends on what state you're in. Right-to-work states are also fire-at-will states and an employer can terminate your employment for whatever reason.

Something else seems to be up, though. One minute they can't do without her and the next she's fired? It almost sounds like the catty peers went to someone higher up who pressured the boss to let her go, and the boss wanted to explain but couldn't at that moment.

I'll leave this up for DW Lauri to see. She might have some advice and insight.

 

[HollyJoy]

That really stinks! You would think that he would at least tell her the reason. I don't have the answers you're looking for, but I hope it all works out for her.

 

[Claudia1]

I didn't mention that DD is part-time. We are in Indiana, so I'll research the "at will" status. I'm guessing that we are.

I'm going to counsel her to talk to him Monday and at the very least maybe he will give her a good reference. She certainly doesn't need a bad one when she looks for another job! If she can be pro-active to protect her work history, she will come out ahead eventually.

Also, this is a restaurant that we eat at 2-3 times per week, even years before she started working there. We have known for years that the wait staff want us as customers because we tip 20% minimum. This is a small, family business and most customers tip 10% or less. I'm guessing that the boss doesn't want to offend us as regulars and he is getting it from both sides. The person that we suspect as the instigator is the one of the senior wait staff and her daughter suddenly received full-time hours. She had less seniority than our DD and is younger. This is also someone that has sought our counsel for family issues in years past.

Thanks for the advice, guys! I really appreciate it!

 

[tar heel]

I'm really sorry that happened to her. We've found that a lot of places really treat teens shabbily in general. I've never heard of a teen working part-time getting unemployment, however -- is that even possible? Was she getting benefits at this job?

 

[kilee]

The other thing is many states won't provide minors w/ unemployment or disability pay. The reasoning is they are still the parents financial responsibility. So irregardless of a strong work history, many still deny them.

 

[Mskanga]

Claudia , I was also considered part-time and I was able to collect unemployment. If I was you , I would be taking my business someplace else and let dd get another job someplace else too. Their loss , not yours.

 

[powellrj]

while I think Indiana is an "at will state" if she has worked enough credits I would think that she could get unemployment. I know my DS had worked at part-time jobs and then got laid off from a full time job after 30 days (right before benefits were to kick in) and was able to get unemployment. I wish her good-luck, its really hard on kids when this happens.

 

[MeanLaureen]

Question - did she work for a large chain restaurant or just a mom and pop local place?

While more than likely she won't have any legal course to take against a mom and pop restaurant from firing her (unless it was harassment based) - if it is a large chain, they more than likely have a network they must go through before someone can be fired. If this wasn't followed in this instance, she may have some recourse against them.

If this was a matter of peers "telling tales" that the manager based his decision on, then she doesn't want to work with an idiot like that anyway. Any manager with half a brain doesn't listen to "hearsay" like that without researching both sides.

You would be amazed at the crap I have to go through to fire a deserving person. It would be one thing if they did something terribly wrong - theft, drugs, violence - but if they totally slacked off, were constantly late, were rude.. I have to jump through so many hoops to "legally" fire them by my company's rule. I find it easier to just fight fire with fire and make their life at work less than pleasant by giving them the bare minimum hours I can and on the worst shifts.

 

[Disney Doll]

Claudia, your daughter got screwed. There's not a nice way to put it. My suggestion would be to have her talk to the manager about giving her a good reference, and have her look for another job.If she can get unemployemnt in the meantime, good for her.

I would also take my business elsewhere. The owner of the establishment doesn't sound like a person of integrity. He sounds like a coward who buckled under pressure from one of the other waitresses so her child could get a job there.

Unfortunately, life isn't always fair.

 

[MeanLaureen]

whoops.. I didn't refresh before I posted and see you answered that it was a small mom and pop restaurant.

Not a whole lot you can do because they can make their own rules at will. I know, it stinks.

But she's better off not being there and she's learned an important life lesson that the world isn't always fair and that every lost opportunity is a new one waiting to happen.

I'm sure she will be happier wherever she goes next - trust me, I can speak for retail when I say that good candidates are few and far between out there right now and businesses will fight for a good one.

If she is interested in going with retail and wants any advice on what a retail manager looks for I'll be happy to help

 

[Kallison]

LIfe isn't fair -- lesson #1

 

[keirgrey]

You know, it's a part time after school job. I got fired from a couple of those for no readily apparent reason myself. My advice to her would be to shrug it off and get another job.

 

[orvilleair]

Don't get references from her ex-boss. I wouldn't trust him.

If you want to pursue getting a reason why she was fired, that would be fine. Sometimes prospective employers will ask your daughter about her work history. And for peace of mind....

Just tell your daughter she did nothing wrong. It's a two way street. During my college years, a restaurant I worked at closed unexpectidely on New Years Day. How would you feel if you show up to work in the morning only to find the locks changed and a out of business sign posted on the door. I would have appreciated a phone call.

A lot of famous people have been fired before only to find new opportunities.

SC

 

[Shugardrawers]

You can get around the possible bad reference problem by having her get a written reference from him now. If there really was no problem with her but only with things he "heard" he isn't supposed to mention those things if someone calls for a reference. Most people will only confirm dates of employment, attendence, job title and salary. A written reference will give you an idea of what he will say about her should anyone call. The good news though is that most of the types of places she would be working (and I'm assuming she's pretty young so would work in food, retail or very entry level office type jobs) don't even bother with calling references because of the high turnover rate. Even though you may live in an at will state she has every moral right to know exactly why she was fired and what is being said about her. He may not have to JUSTIFY why she was fired but he really needs to tell her. Have her ask him what she should put down as reason for leaving on a job application. That should tell her a lot.