Calgarypuck Forums - The Unofficial Calgary Flames Fan Community - View Single Post

iggypop · 06-11-2007, 04:45 PM

To all you HR gurus, and "part-time" lawyers (and real ones too), I have a question for you all.

So here’s the situation. I have been working outside at a golf course for about a month now. Last Tuesday I worked from 6am-3pm, right before all that rain hit. Wednesday morning rolled around and I was scheduled to work at 6 am again. When I woke up it was not raining at all, and I assumed I would have to work; as I was not phoned to not come in, nor told to call and check whether I should come in (I could not call and check either because they don’t answer the phones until 6:15, and I didn’t want to risk being late to call). When I got to work as scheduled I was immediately sent home. Today I wanted to make sure I was going to get paid for 3 hours, as required by law, for my time last Wednesday. My boss then proceeded to tell me that that’s not their policy and I will not get paid anything. I argued with him for a bit, and finally he sent me home early today but said I would be paid for last Wednesday. He then phoned me about an hour later, claiming that in fact he was in the right because it was "clearly stated in their employee manual that I was to phone in and see if I am needed when the whether is marginal." He then went onto say "but ok we will pay you, but your fired."

Basically as I see it, I’m getting fired because I wasn’t sure what to do, so I figured when in doubt I should show up for my shift.. Funny thing is though, I had no idea this "employee manual" existed, I was never presented it when I started working, so again I had no idea how to handle the situation when I thought it was going to start raining.

Anyways, legally was this misunderstanding grounds for termination? Also, aren’t I right, aren’t I supposed to be paid 3 hours at minimum wage if even if I don’t work at all?

Sorry for the lengthy post, I'm just a little rattled after getting canned today.

06-11-2007, 04:45 PM	#1
iggypop Powerplay Quarterback Join Date: Apr 2006 Exp:	I just got fired... was it legal? To all you HR gurus, and "part-time" lawyers (and real ones too), I have a question for you all. So here’s the situation. I have been working outside at a golf course for about a month now. Last Tuesday I worked from 6am-3pm, right before all that rain hit. Wednesday morning rolled around and I was scheduled to work at 6 am again. When I woke up it was not raining at all, and I assumed I would have to work; as I was not phoned to not come in, nor told to call and check whether I should come in (I could not call and check either because they don’t answer the phones until 6:15, and I didn’t want to risk being late to call). When I got to work as scheduled I was immediately sent home. Today I wanted to make sure I was going to get paid for 3 hours, as required by law, for my time last Wednesday. My boss then proceeded to tell me that that’s not their policy and I will not get paid anything. I argued with him for a bit, and finally he sent me home early today but said I would be paid for last Wednesday. He then phoned me about an hour later, claiming that in fact he was in the right because it was "clearly stated in their employee manual that I was to phone in and see if I am needed when the whether is marginal." He then went onto say "but ok we will pay you, but your fired." Basically as I see it, I’m getting fired because I wasn’t sure what to do, so I figured when in doubt I should show up for my shift.. Funny thing is though, I had no idea this "employee manual" existed, I was never presented it when I started working, so again I had no idea how to handle the situation when I thought it was going to start raining. Anyways, legally was this misunderstanding grounds for termination? Also, aren’t I right, aren’t I supposed to be paid 3 hours at minimum wage if even if I don’t work at all? Sorry for the lengthy post, I'm just a little rattled after getting canned today.