I have been a bartender at a ski resort for 6 years. Usually they just send me an email at the beginning of the season. This year I never received an email so I contacted my supervisor by text and he replied we don't have any open spots. So after I spoke
Bartender who was not hired back after 6 years with no write ups, at seasonal job because I was told by hiring supervisor, I'm too good of a bartender to work for them again, and my open availability was what made him not bring me back. He only brought back people with limited availability There was another supervisor that heard the convo if she doesn't lie, she could be a witness
1 answer | asked Dec 11, 2016 10:56 AM [EST] | applies to California
Answers (1)
I'm sure you were counting on this job and what I have to tell you is not what you wanted to hear. Unfortunately, employment laws in non-union workplaces are very harsh. Employees and job applicants have very few employment rights, and employers have a lot of leeway in how they choose to run their businesses. In general, an employer can be unfair, obnoxious, or bad at management. And an employer can make decisions based on faulty or inaccurate information. An employer has no obligation to warn an employee that he or she is not performing as the employer wants. It’s not a level playing field. An employer hires employees to provide work for its benefit, not for the benefit of the employees. Don't expect the employer to take care of its employees; it doesn’t have to and it rarely does.
There are some limitations on what an employer can do, mostly in the areas of public policy (such as discrimination law or whistle blowing), contract law, union-employer labor relations, and constitutional due process for government employees. Please see my guide to at-will employment in California which should help you understand employment rights: http://www.thespencerlawfirm.com/pdf/tslf-at-will-california.pdf. After you take a look at the guide, you may be able to identify actions or behavior that fits one of the categories that allows for legal action. If so, an experienced plaintiffs employment attorney may be helpful.
Employment rights come from the state and federal legislatures. One of the best things people can do to improve their employment rights is vote for candidates with a good record on pro-employee, anti-corporate legislation. Another way to protect employment rights is to form or affiliate with a union, or participate in a union already in place.
You may be able to get a good reference letter from this employer so don't be afraid to ask. And be sure to file for unemployment benefits because you may quailify, depending on when you worked.
posted by Marilynn Mika Spencer | Dec 11, 2016 12:43 PM [EST]
There are some limitations on what an employer can do, mostly in the areas of public policy (such as discrimination law or whistle blowing), contract law, union-employer labor relations, and constitutional due process for government employees. Please see my guide to at-will employment in California which should help you understand employment rights: http://www.thespencerlawfirm.com/pdf/tslf-at-will-california.pdf. After you take a look at the guide, you may be able to identify actions or behavior that fits one of the categories that allows for legal action. If so, an experienced plaintiffs employment attorney may be helpful.
Employment rights come from the state and federal legislatures. One of the best things people can do to improve their employment rights is vote for candidates with a good record on pro-employee, anti-corporate legislation. Another way to protect employment rights is to form or affiliate with a union, or participate in a union already in place.
You may be able to get a good reference letter from this employer so don't be afraid to ask. And be sure to file for unemployment benefits because you may quailify, depending on when you worked.
posted by Marilynn Mika Spencer | Dec 11, 2016 12:43 PM [EST]
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