QUESTION
Can my son be fired for a bad day at work and asked to return after his shift to clean?
Asked on Jan 02nd, 2012 on Labor and Employment - Oregon
More details to this question:
My son works in a restaurant and has received 3 warnings for being slow and not taking and collecting orders in time. He has worked from 10 am this morning and should have finished at 4pm, but worked until 7pm and was told that he needs to return at 10 to clean up as punishment or be fired. What can he do?
1 ANSWER
Kevin Elliott Parks
The timing of your question confuses me a bit, as I got this question at 1pm which likely means you submitted it either a day or more ago, and thus everything has likely already taken place. In any event, yes, he can be fired. And if he's not fired, yes he can be asked to work more hours. The only way this would not be the case then is if the scheduling or the firing didn't conform to the policies as laid out in the employer's own policies, usually contained in a handbook or the like. Given the previous warnings, a termination would likely be in conformity. They scheduling/punishment, however, may not. Regardless, if the ultimate goal is to simply not lose your job, it seems to me to be a bit of a no-brainer. Of course, the employer does not have the right to NOT pay him for those hours, as they must conform to Oregon's wage laws at all times, including for overtime pay.
Answered on Jan 09th, 2012 at 9:48 AM