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My boss made it official. I won't be getting any more hours.


dirty ethel rackham
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I am a highly sensitive introvert and I WOULD reply to the email. I, meaning how I would handle it, is not to go visit in person because I would betray my desire to keep my inner cool. I would, however, craft a neutrally-worded professional email reply. I worked retail for years, I know what it's like to put on that extrovert suit and play a role. I also have two sides to me and that extrovert inner side rises up when someone wounds my introverted interior. 

 

I would play around with the wording for a couple of days, don't degrade yourself but be humble, don't apologize for being sick or anything else. Ask point blank what led to this decision as you will be seeking alternative employment and what to ensure you, gah, not sure how to word this, not "aim to be a good employee" as that sounds almost subservient. 

 

There are ways to let her know her process of letting you go was unprofessional and sidestepping what has apparently been an issue for at least a month. Ways to do so without calling her names or actually telling her how awful it made you feel. This example is one I just threw together, maybe a little more snarky than what I would actually send, but I wouldn't let her just have the final say without her providing you further information.

 

"Dear X, 

 

I received your email today. This was a conversation I wish we could have had in person as I am unsure what steps led you to this decision. As I will be seeking employment elsewhere, I am curious as to what aspects of my employment did not meet your expectations (not quite the right wording...). I look forward to hearing from you regarding this...(add something here). "

 

 

Do NOT write things like:

  • I hope angry colonists storm your tea shop and dump it all in the nearest waterway
  • I hope your 2018 ends as badly as mine started, hopefully via email too!
  • I hope you learn to listen to and talk with your employees instead of avoiding them - may I recommend books to you about business communication? Perhaps you could take a class...
  • You just lost a once loyal customer
  • May your competitors outsell you
  • Whew! I'm really glad, because I'm not sure I could stand working for you anymore

 

If you do write and she does reply, you have the power to accept or not accept the words or critique she might write. Whatever she says doesn't make it right, but making her type it out may give her time to think about whether she had actually issues with your employment or if she was just be bad manager. 

 

:grouphug: This incident holds no bearing upon your future employment, the next job may be much more of what you need. 

 

 

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I'd reply to the email with, "I'm sorry you will no longer have a place for me at XYZ Tea Shoppe. Do you have any advice on how I can improve my performance at my next job? I've enjoyed working with you and would value any insight you can give."

 

 

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:grouphug:

are the other "clerks" younger?

if didn't meet their store's sales quotas -  they would have to reduce expenses.

 

dd's job was eliminated by an unfeeling higher-up last year.  she loved it, she got something better.  (and it turned out - they really DID need someone in that job!  they hired an H1B visa holder.)

 

there is probably something out there you will love even more.

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My thoughts.....Since you were working such a short time and so few hours I doubt UE is worth the royal pain it is to file and collect.  You probably do not even qualify without enough earnings in a certain time frame.  

 

I would not give her the satisfaction of even asking her why she fired you.  If she were going to tell you that she would have told you already or so that you could improve or change.  

 

I would reply, 'thank you for the opportunity to work at The Tea Shop.'  And in my mind I would use my best 'Bless your Heart' voice.  

 

Move on to bigger and better things.

 

(((((Hugs))))

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What compensation do you think she would be owed? It stinks, but she can’t expect payment for hours that she wasn’t assigned to work.

 

In Canada there are laws protecting employees in work places. There are probably some similar laws in other countries, though people may not be aware of their rights. They just assume that they have very few unless they do some research to discover the truth.

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Gosh, where do you live and what sort of businesses do you work in? In the businesses I've worked in and states I've lived in (and managed HR/staff in), I don't think this would be helpful or productive. At all.  

 

 

That is often the assumption, but it's not always correct.  A good work-place lawyer would be able to do the research and would only get paid if the client received compensation - which they often do. Most employers and employees do not know all the laws regarding work-place compensation. 

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That is often the assumption, but it's not always correct. A good work-place lawyer would be able to do the research and would only get paid if the client received compensation - which they often do. Most employers and employees do not know all the laws regarding work-place compensation.

In many states in the US, there really aren't any as long as the employer doesn't violate federal discrimination laws.
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That is often the assumption, but it's not always correct.  A good work-place lawyer would be able to do the research and would only get paid if the client received compensation - which they often do. Most employers and employees do not know all the laws regarding work-place compensation. 

In the OP's case, I think it would be highly unlikely that this would be a productive course of action.  It sounds as if she worked part-time for several months.  Even if there were any case, the damages would probably not be large enough for an attorney to take the case of a % basis.  

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And if no one ever pushes back and tries to do something, nothing will ever change.

I’m so confused. She was a part time employee. She was let go. It sucks but it happens. What is there for a lawyer to deal with??

Edited by Moxie
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That is often the assumption, but it's not always correct.  A good work-place lawyer would be able to do the research and would only get paid if the client received compensation - which they often do. Most employers and employees do not know all the laws regarding work-place compensation. 

 

Where again have you worked and lived? I must have missed your reply to that query.

 

Dh and I own a business in the USA (for the last 13+ years) and we employ about a dozen people, and we have a business lawyer who we consult as needed . . . and IME as an employer as well as my (extensive) exposure to general employment law issues (as that's part of my role at our business), I can not imagine any US state where your advice would be helpful in OP's situation. Even in CA (by far the most pro-employee state in these matters), I can't fathom it being worth it to seek legal counsel for the termination OP describes. 

 

I don't disagree that many employers break employment laws. I just disagree that seeking legal counsel would be beneficial in this particular situation.

 

Reasons why I think a lawyer would be a bad idea for OP::

 

1) It's likely a tiny employer. Tiny employers are not subject to the vast majority of labor laws. (Rare exceptions generally only being for things like protected class . . . i.e, if you were fired -- or not hired -- for race/religion/family/veteran status . . .) Even ADA doesn't apply to tiny employers. 

2) OP worked PT in a low wage role. So, total dollars "lost" due to termination are going to be very small relative to legal costs.

3) Most US states are pretty much "right to work" (which really means "right to fire for nearly any reason"). These right to work laws (largely promulgated in recent decades by GOP state legislatures, FYI), make it very, very hard to be successful disputing a termination.

4) Lawyers require payment. Either OP would have to risk thousands of her own dollars or find a lawyer who is so confident of success that s/he is willing to take the case on a percentage. Even cases taken on a percentage typically require the client to pay for SUBSTANTIAL OOP "costs" such as $1/page copy costs, $300/hr experts, etc. It's very easy to rack up 10s of thousands of fees. I think it'd be nuts for OP to risk any legal costs on such a poor case, and I'd guess that any lawyer who would accept the case would be a crappy lawyer who is likely just to run up billable fees against OP, leaving her in much worse shape.

5) OP's former employer will be MAD AS A HORNET, and that's not good for recommendations and/or just OP's reputation, so will hurt OP's chances for good future employment.

 

Claiming unemployment could very well be helpful to OP (although this varies hugely state to state). I'd encourage her to go ahead and file ASAP (like, today). She has been "constructively" fired, and she should be able to get unemployment compensation (although it will be low since she hasn't worked a lot of hours in recent months. .  . That may well have been part of the employers plan . . . by keeping her on the payroll technically, but not giving her hours, OP will be eligible for lower unemployment compensation, likely making it not worthwhile for OP to follow through on the claim process). 

 

But a lawyer isn't needed (or even helpful) for unemployment. The actual legal system / getting a lawyer would be a huge waste of time and money for OP. And it'd most likely just add to her disappointment and hurt, and *nearly certainly* result in substantial costs to OP with no compensation/win. Additionally, she'll anger her former employer, eliminating any hope of future employment or decent references, likely resulting in her having fewer good options for future employment. Most (all decent?) lawyers would not even take the case, as there's really nothing there there. 

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In Canada there are laws protecting employees in work places. There are probably some similar laws in other countries, though people may not be aware of their rights. They just assume that they have very few unless they do some research to discover the truth.

 

Ah hah, you're from Canada? 

 

Another reason Canada should annex the United States. I'd vote for it, lol. Please start the movement, and aim for annexing WV ASAP. ;) 

 

If I'm guessing correctly that you're familiar with the Canadian labor laws and legal norms . . . but not those in the US . . . I rest my case, lol. 

 

I also warn you that our health care system here in the US is nothing like that in Canada either. Don't advice sick Americans to just find a doctor and be treated . . . Well, you could, but you better have your Gold Card with you, lol, and be ready to face bankruptcy. 

 

Canada and the USA . . . So close, and yet so far . . .

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That is often the assumption, but it's not always correct. A good work-place lawyer would be able to do the research and would only get paid if the client received compensation - which they often do. Most employers and employees do not know all the laws regarding work-place compensation.

They often receive compensation--in Canada. Not the US. Therefore lawyers in the US would not work on a contingency basis for a case like this because their chance of getting paid would be virtually nil.

 

You are not familiar with US law and your advice is sadly irrelevant to the OP because she does not live in Canada.

 

A few of the differences in employment law are outlined here. Basically, US employers can and do fire employees at will with no compensation all the time and they are perfectly within their legal rights to do so.

 

 

 

https://www.lexology.com/library/detail.aspx?g=86fb3400-e048-496d-809d-add4f14f3827

Edited by maize
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Has the OP actually been terminated? Is there a difference between "no longer employed here" and "I'm not giving you any more hours"? They don't seem to be the same thing in my mind. "No longer employed here" might allow her to apply for unemployment benefits, but "no more hours" wouldn't necessarily.

 

My dd  works at a fast food place. The store manager "fired" a lower manager, but didn't complete the paperwork to let her go. The SM fired several employees and had several more quit right around the same time. She didn't want to look bad to her boss, so the lower mgr's paperwork was never completed. Technically, the lower mgr wasn't fired, but just wasn't scheduled.  

Edited by wilrunner
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