I need some advice about my job. I’m a server in NYC, and today, after a brutal weekend of 11-hour shifts, my boss told all employees we have to come in tomorrow (my day off) and work a double. He just decided this on the spot. I didn’t agree to it; I just asked when I was expected to work.
After doing some research, I found out that NYC law requires 72 hours’ notice for any schedule changes. I have friends visiting from out of town, and I really don’t want to give up my day off for another 10-hour shift.
If I don’t go in and he fires me, do I have any options? I know he’s made it clear he doesn’t like me to other staff and management, so it feels like a sure thing he would fire me for not showing up. I really don’t want to lose my job, but I need to know what my options are.
You might want to take legal action, but be ready to get fired. I’m not saying anything about how you feel about the shift, just that it’s likely you’ll lose your job.
Yeah, I know they can’t legally fire you for standing up for your rights, but that doesn’t mean they won’t do it, and then you’ll have to deal with filing a complaint.
Be careful not to mention or quote any labor laws or potential violations. You’ll want your boss to explicitly say in writing that you didn’t show up for the last-minute shift change and that this is the reason for any reprimand. That way, you have it documented if you need it later.
I totally understand your frustration. Since you found out about the shift change so last minute, you should definitely stick to your guns. Let your boss know you can’t come in due to prior plans. If he tries to fire you for that, document everything…especially if he’s been vocal about not liking you. You might have a case for wrongful termination if it comes to that. Good luck
I can see why you’re worried about losing your job, especially with the way your boss treats you. My advice? Don’t show up for the shift if you have plans.