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i guess i got fired? what can i do? (self.antiwork)

submitted by g0th-_-m0th

so my job stopped putting me on the schedule 3 weeks ago now. i immediately contacted my sm the first week asking why and apparently someone else had told him i ‘needed a break’ despite me never saying anything to him or anyone else. maybe made an offhand comment about being tired but never said anything about needing time off, never put in a request. i told my sm this and he said i would be put back on the schedule. but it’s now week three and despite me calling my sm, sending multiple messages every week when the schedule comes out and even going to the store and speaking with him in person i still have not been put on the schedule.

for background, the sm was moved to my location about two months ago from another store and brought about 4-5 people with him which resulted in several employees, including myself, to get their hours cut. i only worked there as a part time job for some extra money but was still working about 25-30 hours a week, which had been reduced to about 15-20 hours a week when the new sm started.

i have already found another job thankfully but i was just wondering if there’s anything i can do because my former employer never officially terminated me (at least to my knowledge) I do live in an at-will state so i know they didn’t need a reason to fire me but surely they’re supposed to tell me i was being fired?

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[–]parkesc 388 points389 points  (22 children)

If nothing else, they didn't give you any hours for 3 weeks and several other employees got their hours cut - that's called Constructive Dismissal.

If you're in the US, I would tell all of your former coworkers who have had their hours cut by (at least) half to go to your state's DOL website - they may be eligible to file for Unemployment.

[–]supern8ural 62 points63 points  (6 children)

Apply for unemployment

[–]knit3purl3 34 points35 points  (0 children)

This.

Apply requesting for the last several weeks you were "underemployed" as well. You were available but they just randomly stopped giving you hours.

Feels like they're trying to get you to quit so you don't collect unemployment but you're still eligible, most people just wouldn't know that.

[–]g0th-_-m0th[S] 13 points14 points  (4 children)

unfortunately i can’t because i have another job. i love it but the pay is shitty so i had the second job to support my income 🥲

[–]MarkLeo6K 34 points35 points  (0 children)

U can apply for unemployment for those 3 weeks u werent scheduled

[–]Historical-Spirit-48 10 points11 points  (0 children)

Listen to them. Even if you have another job you lost income. You can get underemployment.

[–]_lord_nikon_ 5 points6 points  (0 children)

Under Employment is also a status you can file, to supplement missing income until you can get more hours or another job.

[–]brothanb 1 point2 points  (0 children)

When you file, there is more going on than getting you money. The company that stopped scheduling you will still have the filing against them. If the others in your situation do the same, the state will be able to see a pattern going on.

Also, since you were relying on the income, you still might get partial benefits. This could help take some pressure off financially.

Besides, the answer is no if you don’t apply. If you do, then it could be yes.

[–]kittenspaint 14 points15 points  (3 children)

It's so that they don't have to pay out for unemployment. Instead of letting you off or firing you, they just don't schedule you and that forces you to quit and they don't have to pay out for unemployment...

And on top of it many companies are given government subsidies to them for you appearing on payroll for "employee retention". Make sure you get yourself taken off of payroll!!!! Could screw you over at tax time if they haven't.

Absolutely should be an illegal practice.

[–]g0th-_-m0th[S] 7 points8 points  (2 children)

thanks i’ll make sure to get myself out of their payroll. didn’t realize this was such a common thing it’s so scummy. makes sense for the hellscape that is late stage capitalism

[–]kittenspaint 6 points7 points  (0 children)

Unfortunately it is =(

My husband was denied a scholarship for 5 years because he was incorrectly listed as a staff member at a place he was illegally forced to quit from in 2016. It took him 4 months of harassment until they took him off payroll.

Another place he worked at "laid him off" very suddenly after he discovered that every single person who had ever worked at the business was still on the payroll, even people who should not have been on the payroll in the first place.. the owner even tried to fight him being able to get unemployment even though my husband had a letter from them saying the words "laid off" 🙄

The owner constantly bragged about government benefits for his "employee retention". This place had an extremely high turnover rate so it was complete bs and the owner was just milking the system to pay off his personal debits.

[–]1of1_Wood_Art_Maven 4 points5 points  (0 children)

And make sure all correspondence is to their professional email address if ine exists, also cc HR. In the event it goes to court you'll need proof of everything and email printouts are perfectly acceptable for exhibit A.

[–]Fickle-Election863 22 points23 points  (3 children)

Keep hounding them to schedule you. If they ever do, just don't show up. If they are going to treat people like that, leave them scrambling to cover.

[–]g0th-_-m0th[S] 9 points10 points  (2 children)

that’s the current plan lol. and call hr to report the manager. i’m lucky enough to have another job but if i didn’t i can’t imagine what i would have done w no income for so many weeks.

[–]brawl 11 points12 points  (1 child)

First off please know that im on your side and i want you to win.

But my fellow human, you've been replaced already they just want you to quit. You don't have to be unemployed to qualify for unemployment depending on how much money you make. New manager brought their people in and you aren't one of them. You've paid into unemployment insurance just like your boss from every check from that job. it's your contribution -- take it.

[–]Toa56584 -1 points0 points  (0 children)

Our money. Not to be stolen or tricked away from us. We the people deserve the ability to afford to live a decent life, and not one of oppressed laborers. hammer and sickle but teal and gold intensifies

[–]Ad_Vomitus 7 points8 points  (0 children)

Constructive dismissal. Check your local labor board, report them.

[–]Awkward-Ad6320 9 points10 points  (1 child)

Sounds like Gamestop, sounds typical.

Ask your SM's boss what's the deal. Call a local news place and tell them what's up and see if they will at least put pressure on the company/location.

Honestly, if you have a new job, file for unemployment and when the company pushes back, ask them for the paperwork about you being laid off. Continue to call your SM and bug the sh*t out of them.

[–]1of1_Wood_Art_Maven 2 points3 points  (0 children)

Don't call email because email can be printed and proven where a conversation can be considered hearsay

[–]Forsaken_Age_9185 4 points5 points  (0 children)

You should applied for unemployment three weeks ago

[–]Striking_Signature34 4 points5 points  (0 children)

Constructive dismissal - which qualifies for unemployment.

[–]timpatry 3 points4 points  (0 children)

Let everybody else working there know that they are never safe and if they do quit ghost the place like the place ghosted you.

[–]WildMartin429 3 points4 points  (0 children)

File for unemployment under constructive dismissal and start looking for another job. Your company will either start scheduling you to work again or they will pay the unemployment.

[–]Competitive_Level_48 3 points4 points  (0 children)

Is this Quiet Firing? Is that even a thing? 😂

[–]icantweightandsee 4 points5 points  (0 children)

File for partial unemployment and keep your proof of attempts to contact management and be put on the schedule.

[–]My_Space_page 1 point2 points  (0 children)

Unemployment. File for it.

[–]slim-JL 1 point2 points  (0 children)

It's dependent on individual states. In the end you aren't fired you just aren't being scheduled. It's complete shit but in many states it is what it is.

[–]Successful_Bonus7601 1 point2 points  (0 children)

Contact an employment lawyer. Keep copies of your attempts to be put on schedule, so the employer can't claim you quit

[–]Brandoskey 1 point2 points  (0 children)

Make your unemployment claim right away and keep calling in to request work

[–]Maj0rsquishy 1 point2 points  (0 children)

Get your partial unemployment. What they want is for you to quit. It's common when SMs move stores.

[–]_lord_nikon_ 1 point2 points  (0 children)

This is called constructive dismissal in most places, and counts as being laid off, which means you should file for unemployment (check local rules of course). That'll get an answer one way or another.

[–][deleted] -4 points-3 points  (3 children)

You can sue them very easilly

[–]-LuciditySam- 0 points1 point  (1 child)

No, he can't. Constructive dismissal only applies to discrimination. You have to prove the latter to sue for the former.

[–][deleted] 0 points1 point  (0 children)

He can sue on the grounds of hours not given that are agreed to. A silent firing is grounds for suing. I have seen this done before.

[–]g0th-_-m0th[S] 0 points1 point  (0 children)

i thought of it but lawyers are too expensive and i don’t really have a ton of evidence

[–]Nymwall 0 points1 point  (0 children)

If you didn’t have another job lined up I’d say just show up and clock in and work a shift and see if they even notice.

[–]SaphireRed 0 points1 point  (0 children)

If you attempted to do anything other than move on with your life, you'll need proof (in the US).

Instead of asking overly opinionated people in Reddit, seek out a professional that specializes in your issue. Either pay or take advantage of a free consultation.

They'll give you your options and a list of what you need to provide and will tell you if you have a case or not.

[–]Sue328 0 points1 point  (0 children)

Find out what your company’s HR policies are regarding terminations. Even in an at will states, if employers write policies that describe their termination policies, they’re locked into what they have written.