Fired; right or wrong?

[Childish Gambino]

Well, I work at dairy queen and mainly weekends (Fri., Sat. Sun.)

I took time off Sunday-Wednesday for a spring break trip, then coming back I sprained my ankle pretty bad on Thursday playing basketball. I was scheduled to work Friday, Saturday, and probably Sunday (Sunday starts a new week so I didn't see the sched yet.)

I texted a friend and asked him if he could cover my shift at 7pm - CL, then I called DQ saying he was going to cover my shift, and I told my friend to call the manager to let him know, he said OK. After saying he could, at 5, he texted me then saying he couldn't, so I called in to DQ and explained everything and the managers son (which is pretty much my manager because I always work with him) said "I got it, don't worry." and hung up.

Called in today to let them know I'll fight it out and be slow while working and he just said don't worry about coming in you don't work here anymore, and hung up on me.


Went to talk to him in person right after the phone call because I thought him hanging up was a bit immature, just talked about how I was responsible and all, he still didn't buy it.

Was I in the right or wrong?


QUICK READ WAY

1. Took off 25th-28th (Sunday - Wednesday) even though I've only worked weekends the past 3 weeks. (Been working there for 3 weeks total)
2. Came back Wednesday, played basketball Thursday and injured. (Bad ankle sprain) -- I work Friday/Saturday/Sunday that coming weekend.
3. Texted friend on Friday and asked to cover shift that night, he said yes. Called manager and he said that's fine, have my friend call him. texted him saying to call my manager, he didn't text back so I assumed he did.
4. (scheduled 7-CLOSE), he texted me at like 5:15 saying he couldn't.
5. I called Dairy queen again, the managers son answered and I explained how my friend couldn't cover and he said something along the lines of I got it, it's fine and hung up.
6. Called the next day and manager freaked out and said I screwed him and my friend screwed him and I don't have a job anymore.

 

[Liight]

I think you personally should have let the manager know as soon as you were able to. You really shouldn't have relied on your friend to handle a situation which only you could truly explain. Also I don't think they can really fire you for being injured.

All in all though I think you were in the right.

I'm pretty sure you can take some type of legal action for wrongful termination. (I'm not sure of this but I think you can )

 

[Childish Gambino]

I think you personally should have let the manager know as soon as you were able to. You really shouldn't have relied on your friend to handle a situation which only you could truly explain. Also I don't think they can really fire you for being injured.

All in all though I think you were in the right.

I'm pretty sure you can take some type of legal action for wrongful termination. (I'm not sure of this but I think you can )

I called in and talked to the manager earlier that day well in advance of my shift after I realized going in was just out of the equation (6+ hours in advance). I called him saying that the guy was going to take the shift.

But I really don't think I did anything wrong at all, I didn't want to go in because I would've made them slow on a weekend and we already get extremely busy as it is.

 

[Apith]

Wrong.

I am not an expert, but I'll tell you what I know. First, go to a doctor immediately. The doctor would need to evaluate your injury and determine whether you can work or not. You would then be able to get job protection while it heals. You'd get it if the doctor says that you cannot work.

You should have done this after you were injured. I'm not sure if it's too late.

However, since you did call before you were going in that you would still work, and he basically said you were fired, I think you could sue them.

An employee may be fired if the injury makes the employee unable to complete the employee’s essential job responsibilities.

You were never given the chance, as you were fired before you even knew it. You said you were coming in anyway. So it was his wrong on firing you. You weren't fired before you said you were coming in, but after you said it.

An employer who improperly terminated an injured employee may be liable for damages pursuant to state law. Damages may include:

Compensation for lost income;
Compensation for future lost income if an employee is not able to find a comparable job; and
All of the costs related to the injury.

I'm pretty sure you will get compensation for lost income and possibly compensation for future lost income if you cannot find a comparable job. Have they ever told you that they were going to let you go in a few months in advance? Because no matter what, I'm sure that they cannot just fire you on the spot for said reason without compensating you for lost income unless you were informed in the past.

 

[Liight]

Yeah, I knew you would be able to do that. Honestly I would call up a lawyer, or threaten him with a law suit.

Threatening might get your job back, without having to get any legal action involved which most managers really don't want to deal with.

 

I actually think they can fire you even if you're injured, I've worked at places that have had people fired for being ill for a day, just try what Liight said as threaten to sue and see if he gives you you job back.

 

[Childish Gambino]

Wrong.

I am not an expert, but I'll tell you what I know. First, go to a doctor immediately. The doctor would need to evaluate your injury and determine whether you can work or not. You would then be able to get job protection while it heals. You'd get it if the doctor says that you cannot work.

You should have done this after you were injured. I'm not sure if it's too late.

I didn't go to the doctor because I've been playing basketball all my life and know how to heal and rest a sprained ankle and what they feel like, which I've been to the doctor multiple times for. So I took it into my own account and just tried to call in well in advance to let them know of the situation while I stayed at home and elevated/iced the ankle.

 

[OMG DRAGON CLAWZ]

Your friend really should not have bailed on you at the last minute. I have friends who will break there back for me and i'd do the same for them.

Also, a sprained ankle shouldn't have been that bad. If you had a doctors note i would explain to your boss, maybe call him back and ask if it was a mistake.

In the end they have the right to fire as they please really...

 

[Pushing Limits]

wrong, as you had a legit reason.. get a doctors note, see a lawyer, its unfair dismissal.. you should have been given a written warning before they can do ths=is

 

[Childish Gambino]

Your friend really should not have bailed on you at the last minute. I have friends who will break there back for me and i'd do the same for them.

Also, a sprained ankle shouldn't have been that bad. If you had a doctors note i would explain to your boss, maybe call him back and ask if it was a mistake.

In the end they have the right to fire as they please really...

I know, it was the same friend who got me the job as well.. so it's weird.

But as for the sprained ankle, I've had ones that weren't really that bad, as in I could put weight on it and all, but this one was giving me problems when I'd even try to put any weight on it. It's a bit too late to go to the doctors even though it's still swollen (no idea why... It's been like 4-5 days and I've been icing/compressing/elevating almost everyday now).

Just a weird situation, don't see how I was in the wrong at all seeing as I was responsible enough to call in advance to let them know of the situation.

 

[kmjt]

You can't let go of someone because they couldn't show up for a shift due to a legitimate injury. Present a doctors note or something i'm sure they know the law. To be clear, i'm assuming you didn't skip any scheduled shifts to sprain that ankle of yours. If you sprained it while skipping a shift you are in the wrong.

 

[FoxTek]

I didn't go to the doctor because I've been playing basketball all my life and know how to heal and rest a sprained ankle and what they feel like, which I've been to the doctor multiple times for. So I took it into my own account and just tried to call in well in advance to let them know of the situation while I stayed at home and elevated/iced the ankle.

After he said you were fired, you should have gone to a walk in clinic so they could take a look at it just to get a note, they aren't the best of doctor's but they can give you a legitimate note that you shouldn't work or that you may need special treatment for a little until it heals (i.e. no heavy lifting, not standing for long periods of time, etc.)

 

[Childish Gambino]

You can't let go of someone because they couldn't show up for a shift due to a legitimate injury. Present a doctors note or something i'm sure they know the law. To be clear, i'm assuming you didn't skip any scheduled shifts to sprain that ankle of yours. If you sprained it while skipping a shift you are in the wrong.

Nope, loved the job and went to every shift and showed up early -- even stayed later to help out (10-15 mins after I was clocked out.)

After he said you were fired, you should have gone to a walk in clinic so they could take a look at it just to get a note, they aren't the best of doctor's but they can give you a legitimate note that you shouldn't work or that you may need special treatment for a little until it heals (i.e. no heavy lifting, not standing for long periods of time, etc.)

Thought about going to the doctors to get my job back but after this whole nonsense I don't even respect anyone at that place, especially my friend who made up some BS excuse and f'd me over an hour before I was supposed to go in.

As of now, I applied at a place right beside DQ. My girlfriends sister said there's spots open and I have a pretty good chance of getting this job. Job is at Domino's (pizza place). I know 3 people that work there, and my girlfriends dad worked with one of the old guys who works there.

Aint even mad.

 

[FoxTek]

Thought about going to the doctors to get my job back but after this whole nonsense I don't even respect anyone at that place, especially my friend who made up some BS excuse and f'd me over an hour before I was supposed to go in.

As of now, I applied at a place right beside DQ. My girlfriends sister said there's spots open and I have a pretty good chance of getting this job. Job is at Domino's (pizza place). I know 3 people that work there, and my girlfriends dad worked with one of the old guys who works there.

Aint even mad.

Least you got a plan to get back on your feet, good luck. :3

 

[Childish Gambino]

Thanks! Literally just got back from talking to the manager at Domino's, went well. He said he's going to talk to me about an interview after all the background checking is done, etc etc.

DQ still owes me two checks as well.