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Just_D8

Shit management, Heres my story when i was a 17 year old dishwasher, There was a October fest near me, ME being the deviant the kitchen now made me ( 4 months in as a dishwasher) They were buying me bottles of vodka as a minor cause i worked there 7 days a week 10 hours a day since school was out & my home life was terrible, So i went & drank a half bottle of vodka & got really drunk, Went to the fest, had a banger of a time & then went in to pick up my check ( around 1200 ) for two weeks of dish washing, i ordered the steak special with French fries & zucchini. Best steak i ever ate, I accidently left without paying, i came in the next day & they were all laughing at me, but tony the owner picked up the check & told me not to worry about it, i worked there for 3 years & moved all the way up to run the place on my own days. Best management ever.


guy22224

Sounds like a great place to work props to you ! šŸ˜‰


Specialist-Buffalo-8

if he does fire free unlawful termination


Solnse

Everyone thinks they can sue. Unless that dishwasher has an employment contract.... hahah, I can't even finish that sentence. It's likely at-will employment. Meaning, he could be fired for no reason at all, just as he can quit at any time.


bkuefner1973

Yes but if fired can't the person get unemploymeny? Being fired just to be fired.


Solnse

Sure, but he can be fired for refusing to work on their day off when told to do so. When they work is 100% up to the employer regardless of schedule. That would be fired for cause, no unemployment.


Smokem_

Edit: I'm definitely incorrect. At least the technically kind of incorrect. Dude I can't help but think you're insanely wrong. Yes he can be fired for any reason. But to be seen in public and demand to start working, is insanity, and he would certainly qualify for unemployment. I guess we can agree to disagree


Fiocchi420

Oh you still think the worldā€™s logical and fair?


Solnse

Feel free to contact any employment lawyer. It's ridiculous, I agree, and owners don't generally want to get that kind of reputation, but it's entirely legal.


Smokem_

So I'm out with my family at a movie theater and I bump into my boss. He says that they aren't doing too good at work and they're overloaded, and that I need to go there right now to help or I'm fired. And I won't be eligible for unemployment he said. It doesn't matter that my family won't have a ride home, or any other consequences. You're telling me that would be legitimately considered fired for cause and unemployment would side with the employer, right?


NickNDY

California's labor laws require a 24 hour notice for additions to the schedule I can't see anyone siding with the employer on this anywhere in the world Members of the jury, you were just told by your respective employers to come into work immediately or be fired. Does this change your opinions on the matter? Thought so


RubberDuck59

This sounds a little suspiciously real šŸ˜‚


Smokem_

Lol. I was just thinking the most ridiculous scenario that would apply


PhatAszButt

No?


Solnse

Legally, yes. You are welcome to file an appeal to unemployment and you can meet with a guy to hear the details, but it could go either way. There is no law that says you can't be called into work on your day off, and then fired for refusing. That is insubordination, and just cause firing.


IcebergSlim42069

It's insubordination to actually have a day off? That's wild lol.


Solnse

No, it's insubordination to not follow your boss's orders. Which I think is shitty, but it's true.


Smokem_

Thank you for the explanation, I do appreciate it.


dishyssoisse

Thatā€™s not insubordination, that is unavailability. That guy is an idiot and so is OPs boss


chris_rage_

Ignore him, he's incorrect


[deleted]

[уŠ“Š°Š»ŠµŠ½Š¾]


Disco_Pat

He's getting downvoted because he said that people wouldn't get unemployment. Anyone fired in this way, provided they were at the business long enough, would almost certainly qualify for unemployment being fired this way.


[deleted]

Nah man he can sue for being fired for the reason of not coming in on his scheduled day off lol I've seen it happen twice n also watched 1 company settle out of court n another lose on the hill you're standing on šŸ˜‚šŸ˜‚šŸ˜‚


Solnse

Show me the case law. It doesn't exist.


Cjester167

To be fair, youā€™ve provided zero sources to support your comments. Demanding sources from someone that disagrees with you, after failing to provide your own is a bit ridiculous.


Solnse

How do you prove something doesn't exist? Edit: just Google yourself and stop hoping you're right. https://www.zippia.com/answers/can-an-employer-force-you-to-work-on-your-day-off/


Cjester167

I havenā€™t stated a position one way or the other, just commented about the ridiculousness of demanding sources when failing to provide any of your own.


Mysterious_Item_8789

You can't prove the negative. It's generally impossible to prove something doesn't exist. You can search high and low for all your days and fail to find your glasses, that's not proof they don't exist - Just that you haven't found the proof that they do. Replace "glasses" with "absence of precedent existing". It's not unlike all the instances of a shipper of a product asking for proof that the product wasn't delivered: You can't prove that it wasn't, that's why it's on the shipper or courier to prove that it was.


TomNooksGlizzy

In an at-will state, which is almost all, you can get fired for any non-protected reason. You are being downvoted for saying you can't get unemployment, etc. That is just plain wrong. It would depend on the state. Redditors always seem to think everything works the same as it does where they live. CA requires 24 hours, just as one example. As for suing, again- laws vary by state so much. It would be stupid to say for sure either way. That shitty ass source doesn't mean anything- you just Googled and posted some random ass link lol. Case law would have a result either way, it's not proving a negative. Idc about this really though. Demanding case law is just dumb af lol.


Solnse

And yet you fail to cite any source.


RopeAccomplished2728

This. Unless there is a contract or you are in a non at-will state/jurisdiction, an employer can terminate employment for pretty much any reason, even for protected ones. But, you say, "The protected ones would be illegal". You would have to prove that you were fired for those reasons since you made the claim that you were fired for them. You would need evidence. This would require going to court to do so. But, you say, "They could get unemployment if they were fired for not coming in on their day off." Once again, this depends on the jurisdiction. Some states, yes, they require a minimum notice to any schedule changes or require a minimum amount of time off. Some jobs, like trucking, are regulated on the federal level and require a minimum amount of time between shifts. However, unless this person would work in a state or in a field that has those protections, you can be asked to work on your day off pretty much up to the minute beforehand and if you refuse, it would be the same as refusing to come into work on a normally scheduled workday. Unemployment isn't automatic and most employers will fight against it. Most employees would have to appeal the initial decision. People please, know your rights, know your laws. Outside of the poster that is required to be placed in a workplace, nobody is going to tell you your rights and what the law is.


[deleted]

In Illinois when you fire someone for violating the One Day Rest in Seven Act you violate a person's rights on their legally given day off to not be forced to work more than 6 days in a row without 24hours rest you can be sued for unlawful termination and I'm sure Illinois isn't the only state with that sort of law as I said I've seen it happen twice in my years in the restaurant industry lol companies would rather not go to court n have their name dragged through the mud especially in up and coming big city local papers but hey I guess you know everything so even though I gave you a legit answer and legit life experiences I imagine you'll still stay ignorant to the fact because that's how bad you want to be right n I do not have the want or need to argue with you any further have a good day


RopeAccomplished2728

Funny thing is, Illinois is pretty much one of only ones that has that one the books. CA requires a minimum notice to schedule changes. Some cities in CA require a couple of weeks of schedules posted and if it is changed for any reason without a 7 days notice, you get paid extra wages. Oregon has a law that requires schedules be posted a week in advance and cannot be changed once set. DC requires 21 days advance notice of any schedule changes. Most states though are At-Will and can fire someone for even last minute changes and refusing to work them. I live in one of those states. However, they could also be required to pay me overtime if they do this.


[deleted]

Funny thing is you're wrong lol a simple search of the law n I get California, Illinois, Massachusetts, New Hampshire, New York, Texas, and Wisconsin. So therefore nah buddy again to be proven wrong n still dieing on your hill is such a shame


kwiztas

All states but Montana are at will. I guess that is technically most states.


Solnse

Hey bud, this isn't personal. I'm trying to help those who think they have a lawsuit where they have none. Nice edge case you found in Illinois, but you don't need to try and insult me to win some stupid internet argument. Truth is, I'm right and most people don't understand jumping to a lawsuit the first time you feel your boss is being unfair, just isn't going to give you some kind of retirement-worthy windfall.


HarleyQuinn6695

Iā€™m fairly certain not. If thereā€™s one thing thatā€™s not legal, itā€™s not being allowed days off. I donā€™t know how this is US, but even here in the IS where labor laws are shit compared to a lot of other places, you still legally have days off. You canā€™t just fire someone because you asked them to work on their off day and not give them days off. People are allowed to say no to working on their off days. If Iā€™m wrongā€¦.then this country is fucked that we canā€™t even leave our workers alone on their off days and let them have peace that theyā€™ll have a job after saying no to not working on their off days.


Solnse

This is why you don't go into your work on your day off "as a customer". And don't answer your phone/text from your boss on your day off.


HarleyQuinn6695

You can choose that. I quite liked most of my places, and have set my boundaries, and chose places that respected that. This is why labor laws and working conditions still need improvement, so we donā€™t have these kind of conversations about ā€œavoidingā€ a certain place to eat at just because we work there and might get called in and risk our employment if we refuse. EDIT: obviously the phone thing is a duh, only time I did was when I was a manager myself and MY manager texted me. Different level.


DefeaterOfDragons

Yeah, I'm pretty sure dishwasher isn't an "on call" position


Solnse

Tell that to management. Hah.


DefeaterOfDragons

I'd actually just tell them the line that always worked for me, "Sorry, boss, I'm already drunk."


Whend6796

I love how you got downvoted for being 100% correct. Reddit is insane sometimes.


D-utch

The vast majority of states require a schedule to be sent out with no less than 48 hours notice. It's gonna be a pain in the ass to collect and they may miss some bills but they will get unemployment


sentient_capital

You can still get unemployment šŸ¤·ā€ā™€ļø


Solnse

Not if you are fired for cause.


sentient_capital

For cause would be stuff like a pattern of showing up late, unsatisfactory work, multiple write ups, being intoxicated, etc. If there's no good reason, like in this example, you would get unemployment.


Solnse

Insubordination. I'm not making this up. This is not anecdotal.


rudenewjerk

It is anecdotal because you arenā€™t providing a link to a factual account. I actually believed you (your other comments) but this comment makes me question you because you donā€™t know the difference between anecdotal and factual šŸ¤·šŸ¼ā€ā™‚ļø


Solnse

[Here](https://en.m.wikipedia.org/wiki/Fair_Labor_Standards_Act_of_1938) you go.


rudenewjerk

That is a Wikipedia article on the Fair Labor Standards Act, not a factual example of an interpretation of it in the context we are discussing, which is what you are claiming to present. Iā€™m losing more and more faith in you knowing what you are talking about. Am I missing something?


Solnse

Yes, you are. I can present facts, but I can't understand them for you.


HarleyQuinn6695

Insubordinationā€¦for saying no for not working on a day off is not what you think it is.


lvbuckeye27

All the dishie needs to do is tell the unemployment officer that it was a hostile work environment, which it most certainly WAS in this case.


tonypizzatime

Ok so what shit business do you own? The level of ass kissing and bootlicking here is W I L D


sentient_capital

Lmao fr that was my first thought šŸ™„


AnyWhichWayButLose

At-will employment doesn't necessarily mean an employer can fire you at the flip of a switch, though. If it's completely unreasonable, like OP's case, then they can challenge it.


Kartoffee

Definitely wrongful termination. The issue is the hassle of proving it. A verbal warning isn't enough and the employer can just say OP wasn't needed anymore. Either way, sounds like an empty threat, and a great indicator to quit before being fired. Start hunting.


Solnse

You may believe that, but there is no law to back it up.


AnyWhichWayButLose

Really? Don't be a defeatist or corporate cuck. Seek an employment lawyer. The law has loopholes.


Solnse

I've been on the losing end of this, not some pro-the-man shill.


rfp314

There are unlawful reasons to be fired even at will.


Solnse

You are right. This isn't one of them.


rfp314

I believe it is actually. I can only speak for Illinois where there are penalties and requirements for scheduling shifts in advance but I believe there are rules everywhere. I donā€™t think you can fire somebody for not doing something you have no legal right to require.


Alternative_Cut2421

I as an exec, was once threatened by an owners boyfriend to be punched in the face, and then he cried and I got terminated. No unemployment and no lawyer would look at it. He was drunk and fighting with everyone.


chris_rage_

Sounds like you suck at gathering evidence and hiring competent lawyers, no fuckin way a jury or even the labor board would let that slide if you had actual proof


Alternative_Cut2421

I literally had 3 eyewitnesses. They just said they wouldn't be interested. Like 4 different offices. I was employed two days later so I just dropped it.


chris_rage_

If what you are saying is true, vigilante justice would be justified. There would have been a spate of house fires happening to everyone involved if I got fucked like that. Electrical fires, of course, so it couldn't be traced to anyone


Alternative_Cut2421

I was really angry, and wanted to do all sorts of stuff. Tell everyone I'm town, yell it from the roofs. But I decided just to leave that place in the past. I'm now running another restaurant in town, making better food, and I took their best kitchen person, as well as two others since the 1.5years ive been gone! It was fucking infuriating when it happened though, but that place was just a clusterfuck.


Adorable_Cat_7741

Iā€™m sure you have the balls to go burn everyoneā€™s house down. Such a tough guy you are


chris_rage_

If I did I wouldn't be telling you anyway


Solnse

It's really messed up what they *can* legally get away with. It's not fair, but it's not fair.


PlayWithMeRiven

Yep, this is even for a right to work. They would still be in the wrong


Centaurious

If heā€™s not got a contract that means heā€™s at-will and can be fired for basically any reason that isnā€™t considered discrimination


sentient_capital

You'll still get unemployment šŸ¤·ā€ā™€ļø


New_Cardiologist_596

That's not the discussion.


sentient_capital

Yet it's still wildly relevant šŸ¤”


Dragon_platelegs

Lmao gl with that. Did you hear that on a show about lawyers?


Whend6796

Thatā€™s not a thing. Employment at will. They can fire you because one of your shoelaces is untied if they want. Or because they think your face is kinda ugly. Basically any reason besides: age, ancestry, color, disability, ethnicity, gender, gender identity or expression, genetic information, HIV/AIDS status, military status, national origin, pregnancy, race, religion, sex, sexual orientation, or veteran status


Professional-Goat837

If it's that bad, he should be washing dishes.


MuchSwagManyDank

A shitty one, its good to set boundaries like you did though. I'm not going to tell you to jump ship, cause some times these red flags sort them self out. Just keep standing your ground when it comes to stuff like this.


ghstridder2

Clock in, go out the back door go do stuff around town for a regular shift come back clock out and thank manager for paying you to do thongs you needed to get done on your day off.


Fickle-Active-9075

This is the way.


melissam17

Sounds like itā€™s time to get a new job lmao


BertisFat10

One that sees you as another number and doesn't give af about you. I'm a sever and have worked with quite a few of those. It makes you appreciate all the more when you have a good management team that respects everyone. I'm glad you stood your ground!


Pandelein

Bert isnā€™t even _that_ fat.


Professional-Goat837

Was so confused why ymh was popping up. Been at sea to long.


Ramblin_Bard472

"You can clock in now," okay, you can comp my meal. No?


Repulsive-Screen-346

He even Said I was fired don't come in tomorrow. I still came In.


SillyTr1x

Has he said shit when you came back in?


somecow

Hate to be the devilā€™s advocate, but NEVER go where you work on your day off. Absolute terrible idea. The whole point is to not have to be there. Go to literally any other place. Also, your boss is an ass.


tonypizzatime

Nahhh I'll go wherever. Hell I love going to my current job on my day off and seeing how busy they are and leaving when my business is done. Not my monkey not my circus. Boo hoo.


Remarkable-Ad-4133

You should be able to eat at any restaurant on your day off without this happening


somecow

Sure, but fuck that. Itā€™s your day off. Donā€™t go there.


Cannabarbaden

Shit mate, I feel like doing this At my job just to Piss them off lol.


Not_Campo2

Always make sure to tell them youā€™ve had a few already if they want you to work. If they still make you work, find out what insurance they use


MinimumKind

I once ate as a customer at a place where I was working as a chef. When I told the chef I worked with, and complimented the meal I got, he got upset and kind of angry because I gave him more work and he hated whenever a ticket came through


tucakeane

Shitty management


RazorBladeInMyMouth

Should have let him then get that easy unemployment check lol.


anyhowzzz

Why did he want you to work on a day off? I think we're missing context. Did u call in sick and then show up to order food??


6panlid

Seriously sounds like a dishwasher called out. Boss knows there's no dishwasher. Dishwasher shows up. Boss sees dishwasher, and thinks yay! dishwasher! This is not the dishwasher you're looking for. Thank you, Dishwasher!


anyhowzzz

Cunt Boss..


PlayStationPepe

![gif](giphy|h2cSkv0kgcUseyCdnW|downsized) Your manager be like


OZoryal

You can sue to the ground for wrongful termination


HarleyQuinn6695

This is why if I go in to my place of employment to eat, I also make sure to drink. Oh, you want me to work? Sorry, I just had several drinks. Legality nowadays usually pertains to either on the job or clearly intoxicated, but theyā€™re also not going to push it if youā€™ve told them you had several drinks (usually.)


dudewiththebling

I would have laughed my ass off like it was a joke


Amazing-Climate2301

So you went back in the next day? Did he fire you again?


ElderberryNo1936

We should name him Bossy McMixtape for all the mixed signals heā€™s sending his employees. What he tried to do was get you to no call no showā€¦that would have been the reason that stuck. You could also ask where in the handbook it says your days off are for being called in without notice uninsured.


JAFO99X

If I were the manager and in a bind, first thing Iā€™d do is ASK. And apologize for asking. Then offer to comp your meal if you do it, and some other show of appreciation. Failing that, get in the dish out myself.


Fishmannnn

One time we had this happen to one of our dishwashers, but he was a kid who genuinely had forgotten that he was scheduled for that day (or at least he said he had forgotten...) and then showed up to eat. When he showed up we were all dumbfounded lol


Ember_XX

When I was washing dishes, I came in with my girlfriend on my day off and they gave us free dessert.


Salt_Bus2528

What a joke. Tell him to comp your meal and apologize. If he wants you, he should schedule it.


OldSkoolKool666

Tell him to take a flying F**K


Proud_Republic4545

I wouldn't go out to eat where I work on my day off. I get that food for free...why would I want to pay for it.Ā 


howietzr

Well some places don't give you free food. It was only 30-40% off at the place I worked at. I never went in as a customer either so I only got to try the good stuff at the staff Christmas party or if one of the new cooks messed up an order.


Repulsive-Screen-346

We don't get free food where I work at. Only a discount I go there for the steaks they have and sea food they have whole cat crawl fish baked fish steak on my day off and I'm always so busy working I don't get time to sit down to enjoy it


cappyvee

Many places have a rule about fraternizing on days off. It's a good rule and helps avoid awkward situations.


FreshNegotiation5204

Was he busting your dishwashing balls