can a job fire you for not being happy

Maybe great-Uncle Fred needs international flights, or niece needs to book time off well in advance, or stepdaughters birth mum is the ultra-organised sort. 1) On the ideal level, this is so very much less than ideal But sometimes we can look for the ideal on a given situation for many years and never find it. Of course, except that in your case, the ad is misleading so thats what needs to change, not the candidates. #3 Just for future, if someone puts you on the spot like that and you dont have an answer right away, you dont need to give them one then and there. Even if LW could have said theyd like sometime often it feels like you dont have the standing to request it. Let us unpack individual legal power first. They must call it a grapevine because its got all kinds of crazy twists and turns. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. But good management shouldnt send out such confusing messages that suggest something outside of the workers control (their *perceived* emotions on any given day, or over a given period) is grounds for dismissal. The next year, #1 took them off so I had to grab Mondays instead. It works out because being a lawyer, I need to plan ahead too and can say at scheduling, Sorry on vacation. Other than good schools and affordable housing, I dont know anybody who cares about the things you listed. Similar situation to yours limited budget for childcare or day camp. I, on the other hand, always put in my end of year vacation requests early and get them approved in September or October usually, though I waited until November this year because everything was up in the air because pandemic. As a co-parent of a kid who splits time between two households, I *have* to plan out my work year in advance even earlier than June because our parenting calendar does that for me. As long as employers follow safety guidelines and rules determined by the Occupational Safety and Health Administration, workers do not have much legal leverage to push back. This would have made things more clear. My manager knows I worked closely with this staff member, and has reached out to let me know I can talk to her if I have any concerns or questions. It depends on what the LW is looking to not wear. Once you know Boss is a person who is fine doing this, you cant wait around expecting her heart to magically grow three sizes. In #1 was she fired or let go? Is that cover-letter content, or should it come in later? Or having a good answer when asked during a phone screen? Dont omit a job from your resume if. I meant to add, so if youre a young person starting out in a white-collar job, this might not be something you know how to do. In most instances, it is within an employer's right to fire a worker suddenly and with no need to justify their actions. Heres why people say its impossible to be happy at work and why theyre wrong: 1. And if she asked to be released, isnt that a resignation? Dont forget that there are people who actually like working those days. 1. Depends on the leave policy of course. I put them in the Maybe box because I have local candidates and a few relocation candidates who did explain that very well. Laws on the matter vary state to state, but employers have to consider that.. I think let go could also cover a layoff, but I agree that in America, where we dont generally have contracts, theres no such thing as asked to be released. We just quit. I do think workplaces are much more collaborative these days, which makes these discussions easier. And its another good skill to learn, how to explain obvious things to people who do not see said Obvious Thing. TBH, I would probably assume that if someone said they didnt have any plans for taking Christmas off, even if it was in June, for a coverage job, I would probably assume they didnt celebrate Christmas or celebrated some Orthodox churchs Christmas in January. MS is saying that its a manipulative use of power thats bad for employees. This vacation time problem was a symptom of a much, much larger problem. Make sure that you have something to fall back on if the rest of the job turns out to be horrible. In my department, I was one of only two employees my boss and myself (for reference, this was Marketing). If the OP said she wanted time off, Id agree that splitting the holiday would be a good solution. Happy Holidays, and I hope you always get the time off you need in the future!! Making December plans in June is earlier than usual and Im not in love with it, but there is a lot of room for the LW to have said something. De Ala said to consider how much psychological safety you feel with your boss and how good the communication and support is between the two of you. This is true, but, higher ed institutions in what are perceived to be less-sexy locations are also concerned about retention. CEO freaked out when a new hire quit, brilliant employee is horribly inappropriate, and more, updates: stopping a nickname, taking over a deceased coworkers office, and more, update: our new admin crashed the company car and lied about it, my coworker keeps asking me for personal favors. If I could eventually find a job that would let me wear jeans and t-shirts, Id be in heaven, and conversely, Id absolutely be willing to turn down a job with a super professional dress code (unless the pay was crazy high to make up for it). Its five answers to five questions. Its likely that they always had to have one person there covering, not just during the Holidays. . My husband had substantially less time accrued and I was on my own for vacation. You can disagree about the need to decide that early but your boss is allowed to make that call. It took me 5 or 6 years before I was confident enough to advocate for myself. its pretty obvious the manager was coming at this from a position of bad faith.. I was going to say this too, but I wonder if it was some sort of business where they really do need coverage on those days? We are an academic library, so its also good to talk about interest in the programs too. Sometimes, it takes having the conversation with your boss to figure out this answer, too. We also use third-party cookies that help us analyze and understand how you use this website. Its marketing so whats so darn important that someone has to work Christmas eve? I like to dress nice, but not even as formal as business casual. And often, Im not interviewed in an area where I can see other employees. Employers can make a case in front of a judge that you were fired for cause and therefore eliminate the requirement to pay unemployment benefits to an employee, but it is often not worth the time and effort. Im suspecting she wouldve just denied OPs request. Also waiting until early December to ask for days off around Christmas is probably a little late in most offices. Sounds like they have a fair system. You would have to work since we need coverage, so if you want any days off in that time, lets sort it out now.. I wish theyd just stuck to the generic she left to pursue other opportunities and left it at that. While my role isnt coverage-dependent (so this is a bit of a different situation), I almost always take off the last two weeks of the year. So getting a note like that and having the manager follow up with Jane was unhappy could still mean a wide range of situations. I would find myself second guessing myself on my bad days, wondering if I was acting happy enough or if it looked like I was overcompensating. They will have the final say as to whether or not a company has violated your rights by firing you for no reason and without cause. Will they run leaving all their possessions behind for us to pack up after the ugly little rattlesnake incident? Some workers may not feel comfortable working in proximity to others if they have children who are too young to be vaccinated. Its justnot having the mindset that a question is a trap or only asked out of politeness. Also, even if Jane was fired, the reason might not be her mood. With all that is going on right now I think its great that my boss decided to go in this direction. AAM really I hope you do some focused content on this second paragraph. furlough is so fuzzy) in a private language school where we stayed open every day except the 25th and 1st. E: [is visibly disappointed]. I have kids and its important that I celebrate the holidays with them. Then when December rolled around, she would take her 10 days and Id be covering the entire holiday. But as it is, the problem seems entirely due to LW not communicating properly, and being stubborn about not making her own plans too early. I had recently been transferred/promoted from one division to another and it turned out to be a disaster. This person might struggle to find any job since most places are business casual in the at least wear slacks and a polo, but no ties required. Most jobs that pay a living wage are going to ask you to dress more professionally than jeans and a t-shirt. At-will employment has really become the standard within the United States, and most states have laws making most workers at-will employees. When my child was younger, I had to allocate X days of vacation to cover holiday breaks to make sure I was home with them and I darn sure put in my specific requests on the first day it was allowed. For reasons too long to explain here picking out those damn days off involved CRYING on my part. ), it can come as a severe shock to self-confidence. So you might be out on an archeological dig, or in a lab, or in the bowels of a library. BTW, whats your office dress code? (Assuming Im not talking to someone like Kiwiria who has already made a point of mentioning it.) If I were working there, that would make me constantly worried that Im about to be fired, regardless of how well Im performing. This gave me a good chuckle I cant tell you how often Ive been ranting about something, and a friend has pointed out a completely obvious solution that just passed me buy. Im mid-senior level in my career and have a particular area of expertise that makes me well suited for some of these jobs. Yeah, Im thinking about flights by September at the latest; if I wanted flights at a better price, June would be a good time to book. That is because the ideal is not there and never will be. My new boss has been subtly retaliating against me for six months, and all I did was use the words mental health in May, in a conversation I proactively initiated saying I was struggling with the pandemic and aware of the problem and doing things to fix it. I have hobbies that I can do in isolated crap-holes. And plenty of people do travel, or take off time for child care while schools are closed. However, I stand by the sentiment that LW knows the drill and just needs to select some days they would like off too. My hobby is posting films of gorgeous nature scenes on YouTube, and I am currently hoping to move somewhere that I can do trail riding on weekends / enjoy amateur astronomy somewhere with a truly dark sky / take up dogsled racing then they should SAY THAT and we will move your resume to the top of the pile, seriously, if you can tell us why you want to work HERE, of all places. Its possible that her manager was seeing things you werent; managers often have a different vantage point on a persons work. Jane has moved on or The department will be moving in a different direction and because of this, Fergus last day will be Thursday are common ways this sort of thing gets messaged. While its certainly common for people to dream of moving to NYC no matter the challenges, the reality being a struggle and thus making a person unhappy in their home life isnt a situation most employers dream of for their staff. I ended up deferring to what the boss and others wanted and I was left with the scraps. Although, as earlier this week has proven, they frequently need some fine tuning. LW3s boss kinda sounds like a jerk, but on the other hand, those ten days are like the last doughnut in the break room: if I ASK you if you want it, and you SAY NO, Im going to eat it myself. Usually, if it comes to boss-play, holiday time off is granted by position and senority. Also, maybe consider reaching out to the former company to see if they would at least offer a neutral reference and reclassify the firing. Working those days was, IMO, a great way to build up goodwill and it cost me nothing. You may have legal rights to demand everyone come back to the office, Spring said. The idea of doing a Xmas vacation request in June is silly, it is also not the important part of what your manager is doing. Plenty of people dont celebrate Christmas and wouldnt care at all about the boss always taking that time. Yeah, this is where I come down. She didnt give the OP any advance warning about how early she normally sorted out the holiday schedule The main point is that you CANNOT ACTUALLY FORBID people from doing anything they want, and if you try youll simply appear to be a naif. You can't be fired for filing a whistleblower claim as this would be considered retribution. No business occurred during the time between the two holidays. Employee should have been able to respond , at least after the first time it happened if that was a problem. They cannot wait for your spontaneous decisions in order to make their own plans. Tech is not your friend. Yes, maybe the manager wouldnt have liked the LW taking time off in the middle of her 10 days or maybe she would have shifted her days to accommodate. If boss saved all available time off for Dec and would lose it if not taken , it could impact summer plans. I do think that fter the first year, it would have been sensible for OP to have responded, when asked, that she would want time off (and could have offered to be flexible e.g. How is it better to agree to work those days then try to back out five months later when December rolls around? Being terminated because of discrimination is one exception to be fired under at-will employment. We have gone through the settings for the most popular (and problematic) services to give you recommendations. You just need to show them that you would find staying at this job to be compelling. I dont like how the boss responds when the LW does ask but this shouldnt be a surprise year after year. I hire grads and a reasonable proportion come to interview without having properly looked up where the office is (or assuming cos were a big company that they could work from any office when actually Im only hiring for my site..). Then youre out doing research, collecting the information you need to write your thesis. Part of what makes a good manager is instituting fair policies and advocating for their employees. I do think that when the OP later asked for some days off during the holidays, the boss should have said explicitly no and the reason is that you already agreed to cover these days when we discussed it over the summer and not no because I have kids. But its pretty common in coverage-based jobs to need to arrange who will work what holidays 6+ months in advance, and OP should just have that in mind going forward. Working as a coach for women of color in tech, Ive seen being honest about being unhappy or unfulfilled go many ways, from a boss retaliating or suddenly going cold and less open, to a boss being kind and understanding even if they werent particularly helpful, to a boss really stepping up to help with learning and development trainings or championing for a promotion and raise, said Nadia De Ala, founder of Real You Leadership, a group coaching program for women of color. My concerns were interpreted as being upset about a friend getting fired, rather than the bigger picture, organizational culture concerns that I have. Ive seen Mutually decided that Janes last day was Thursday, moving in different directions and unfortunately Jane will not have a role, or just say Jane will be moving on. Speaking of books that have some labor/managerial issues. So if you dont want to leave it off the resume, youll need to disclose and address it. It should be a fair topic for an employee to inquire about, and a manager should not imply that personal happiness is a factor.). I had a coworker who was well liked, constantly putting in extra hours and goes above and beyond, helped others and she sucked at her job. Its a way of making sure that the company is a good fit for the prospective employee. In my last role, it was really eye opening to see managers on the same team where sometimes cover letters mattered a lot. When I worked at a bank the dress code of business casual meant basically wear a suit but you dont need the jacket and maybe sometimes you can get away with forgoing a tie. In addition to it not necessarily helping with unemployment insurance, many job applications will ask Were you ever fired from a job? and even more potential employers will ask Why did you leave your last job? Having a firing on your record wont disqualify you from every job ever, but it is likely to make it harder. There is no right to work wherever you want, said Laura Reathaford, a partner in the employment practice group at California law firm Lathrop. But I like the idea of letting everyone work from home during that time of year. Hence, it matters to me that my clothes fit well, that their shape flatters my body type (and that the type of flattery is a masculine rather than a feminine mode), that they are visibly of good quality, that the fabric has appealing texture and weight. Sure, the first year LW was blindsided. Knowing what I know about her, I do think her method was a little subversive. you share custody of a child and you have to split the holiday so that you get Christmas and the other parent gets New Years, you tell your employee that you will take, say, from 21st to 29th December, and they will have to take PTO in the remaining days. I also agree that June isnt too early to start thinking about days off (I mean, my husband already asked me what days we should take off in 2021, and we dont have kids or outstanding commitments). So now, company closes for the entire week, and folks use their vacation time for those days off. On the flip side, an at-will employee also has the right and the ability to quit their job with no reason and without any warning. Which, if they are adults, would be no different than the OPs parents wanting to spend time with her over the holidays. So if she used the same phrasing as OP did here I find that a bit iffy, especially coming from a boss to their subordinate depending on how the boss behaves normally, that might well come across like a command she only really phrased as a question out of pretend-courtesy, not a real search for a mutually beneficial solution. Boy, would I ever have run screaming from such a place! I would love some insight on confronting blunt power dynamics. Her boss could hardly hold up her own holiday plans in case the letter-writer decided she wanted days off at Christmas when they were closer to the date! Maybe theyre using the strict definition of business casual? Hence, nice but not business casual. It happens, and Im sorry you missed out because of this misunderstanding, and thank you for being so gracious and clarifying it for us! Thats wrong, and Ive said consistently that the bosss behavior is a problem. I was low in seniority, and the #1 guy in our department had something like 6 weeks plus, so by the time he and #2 picked, pretty much any typical holiday was gone. Not a sports fan here, either. Yes. Ive also met someone that looked down on applicants who mentioned the geographic location because caring about where you live is apparently superficial and beneath serious scientists. I talk with and visit friends or family who live elsewhere on my vacations or weekends. https://amzn.to/3a6omnp. There are many reasons that this may be the case and a judge will make the final determination on the cause of your firing. On their resume they listed two addresses (a local one to us and the distant one) and explained that while they currently live in x location, they have accomodation available close by as well at y (parents house) where they can stay while they establish a new residence. But I have kids is what makes me skeptical, too, about whether OP saying yes I do have conflicts this year wouldve gotten her anywhere. B: Oh, no, that wont work I have children and I need to be with them for the holidays. where the reverse is pretty much not going to happen. I read it the same way it seemed like the boss was being a little manipulative to me by both 1) putting in their own time off so absurdly early in advance 2) insinuating that the LWs time off requests were less important because the LW didnt have kids. My husband and I are starting to reconsider where we want to settle down. I think there are a bunch of options here that dont boil down to They fired her for not being happy enough. If she was having emotional outbursts to the point of needing to apologize, thats often something that cant be tolerated, even if everyone is sympathetic to the reason and shes producing good work. The last one is the best, because I learn to just keep doing A, B and C and I will be okay on this point. I have kids may not actually be the callous, unfeeling thing that it sounds like at first. Our new hire was interviewed over Zoom. The same individuals assumed I would be fine with an arrangement whereby I as the only person who was ever expected to stay an extra 2 hours once a week to provide extended opening they needed to get home because of the kids, yknow. Luckily my office closes between Christmas and New Year, and we dont have any particular rules about not being away at the same time as a co-worker, but I know that Im always going to aim to take the full two-week Christmas break (simply because in normal times I live 150 miles away from where Ill be spending Christmas, I dont want to be trying to pile on the ridiculous 19.03 train with seventy million other people on the evening of the 23rd, and its cheaper to book train tickets 12 weeks in advance so its good to plan ahead). For *years*. A lot of answers are you need to speak up directly about something, heres suggested language that is clear, direct, and professional. Im not sure how their could be more focused content on this. Id have done the same as your former colleague, if Id needed to, and I dont blame her at all. It would have been selfish if the OP had said something in June to indicate that she will want time off in December but she didnt. When I was a kid, A bit more about academias permanent underclass: According to the American Association of University Professors, 73% of instructional positions are off the tenure track. And taking off 10 days (the entire week of Christmas and New Years) every year, in a department of two, is just terrible optics. You are also agreeing to our Terms of Service and Privacy Policy. And in hindsight, I think it should have been spelled McGillicuddy. I was reading Mike Mulligan and His Steam Shovel by Virginia Lee Burton to my kid the other night and I think thats why that name popped into my brain. Dark wash jeans, not baggy, in excellent condition, could be business casual in some places. Or the company says they need coverage but the boss just wouldnt do it. I somehow managed to raise two children to adulthood without having to muscle a colleague out of a vacation once. I do agree that finding ways to include that statement in both the cover letter and resume are helpful. We can sit in a circle all day and talk about what the boss ought to do differently, but that does not help OP. She only works with one other person and that one other person is telling her she has no conflict. It was suits or sweatpants or a couple of pairs of really beat up jeans for yardwork. I feel like a good manager would make it clear up front they want to work with their employee on a solution to making sure they both get some time off around the holidays if they want it. Not fair to blame the Boss on this. Id never made the connection between the move where the job is and no need for friends before I read your post. They are disappointed if I have to go in on weekends for overtime because that is my time with them. I agree, I think technically the term business casual is meant to have emphasis on the business but most people now read it as having emphasis on the casual. I would also feel a pressure to put on this fake happy persona everyday which can be exhausting and lead to mental health problems. Now on her resume, it would show she lived in X city but the location for her current job was Y city. Big Tech news and how to take control of your data and devices. am I going to be literally the only Black or Hispanic person for a 200-mile radius, and do they have annual parades with racist caricatures in said parade?. I can also give examples of things that would result in immediate termination. Do they need a service to walk their dog or an office that accommodates their pandemic puppies? There were teams of 12-15 people where some long-standing employees had college aged kids that theyd never been able to take a weeks vacation with bc there were enough higher seniority folks that would go and just take 35 Fridays or something annoying like that. The boss asking is what theyre defining as bad. Other contracts with your employer may apply as well. Some states protect whistleblowers who complain that their employer broke any law, regulation, or ordinance at all. The excuse given when she was finally fired, was that Lucinda is no longer with the company, she is pursuing an opportunity elsewhere and we wish her the best of luck.. Yes! I dont need people to have plan tickets or party times in June (and were a bigger team, so we start in September/October), but a basic idea of if youre planning to take time off at all is helpful. It was gloriously quiet and I could get done lots of things on my someday list. If its something management cant tell for legal or ethical reasons, dont be euphemistic and say its for something else that will just cause concerns and letters to AAM. If they did fire her for being unhappy then they have just started a snowball of demoralizing employees. Of the four girls, only two worked as administrative. I was reading it that way too. Summed up the feeling is, that its not possible for this many people to all be stealing and/or learn how to make better hires. But I have kids wouldnt be a great excuse in June. I was thinking that and cute dresses/skirts in some places, business casual leans much more towards slacks, blouses, cardigans, that type of thing. It put me at ease knowing they had a plan in place and family already in the area, so I saw them as a more stable prospect than someone who was just applying from far away. Yes! Sometimes there are weird power dynamics at play. I think the holiday boss is acting in bad faith. Thats true. Which is called Needless Markups for a reason. (However, thats less of an issue right now when so much interviewing is being done virtually.) There were other reasons that wasnt a good fit for me, but I was glad of the extra evidence the dress code offered. The solution was that the office was not open those days at all. The boss asked LW if she had any plans, and she said no *for multiple years*. However when LW3 wanted that time off at Christmas, the boss probably should have sat her down and explained that once she books leave in June, it is set in stone.

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