Unlocking the Mystery of Constructive Dismissal: How AI Legalese Decoder Can Provide Clarity
- May 6, 2024
- Posted by: legaleseblogger
- Category: Related News
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## High School Student Facing Job Difficulties
I am a 16-year-old high school student who has been working part-time at a fast-food chain franchise for almost a year. My coworkers have been happy with my performance, so I consider myself a valuable employee.
Recently, due to the franchise’s financial troubles, my hours have been cut from two five-hour shifts per week to just one four-hour shift. This sudden reduction in hours has had a significant impact on my schedule and income.
### Juggling Work and School Responsibilities
Two weeks ago, I faced a dilemma when I was scheduled to work on a Wednesday, the same day I had a crucial presentation for a class. Despite having minimal preparation for the presentation, I planned to work on it before and after my shift to ensure its completion. However, my biology class also assigned two pages of textbook questions that required my immediate attention.
Balancing work responsibilities with school commitments became overwhelming, and I made the difficult decision to call out of work to focus on completing my assignments. As a dedicated student, I prioritized my education over work knowing the consequences it might have on my employment.
### Unforeseen Consequences
Following my absence, I checked the schedule for the upcoming weeks only to discover that I was not assigned any hours. This pattern continued for the next two weeks, leaving me concerned about the potential ramifications of missing a single shift.
Upon discussing the situation with the owners and coworkers, it became apparent that my absence had displeased the owner, leading to the lack of hours being allocated to me. The owner expressed difficulty in finding replacements for my shifts, resulting in a strained work environment.
### Seeking Legal Guidance with AI Legalese Decoder
As I navigate this challenging situation, I am left wondering if my rights as an employee have been violated. The possibility of constructive dismissal and quiet firing raises questions about the fairness of my treatment. Is it within my rights to file a claim against the franchise for their actions? Is pursuing legal action worth the potential consequences?
In hindsight, I acknowledge the importance of adhering to the franchise’s policy of providing advance notice for schedule changes. However, the unpredictability of schoolwork and the actions of my fellow part-time student coworkers raise doubts about the fairness of the situation.
Seeking advice on how to proceed, I turn to AI Legalese Decoder for guidance on navigating the complexities of employment rights and potential legal remedies. By leveraging AI technology, I hope to gain clarity on my situation and make informed decisions moving forward.
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You’re part time. You basically get what hours they need to give you. Even if they did dismiss you, you’re talking about a week or two of severance, so 10 or 20 hours of wages. Not really enough to get excited about.
Unless you have an employment contract, that states you will get a certain number of hours as a part-time casual worker, then your employer absolutely can give you zero hours. Replacing someone very last minute can be hard, and unless it is because of illness or a serious emergency, really uncalled for. School is absolutely more important then a PT casual job, so you may want to consider if you should even work during the school year.
Technically since they completely stopped scheduling you they have potentially either constructively dismissed you, or just did a poor job of communicating to you that your employment was terminated. The thing is, that with less than 1 year tenure, you would only be owed 1 week of employment standards notice of termination, and not much more at common law, so there is likely little to be gained by pursuing this. You could file an employment standards complaint, but I’m not sure you will get much if anything out of it, since the employer may simply argue you were casual and simply not scheduled for work meaning you are still employed and not due notice of termination.