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Is it wrongful termination?

I have worked as full time server in hotel restaurant for over 4 months. I get all medical insurance, dental, and 401 K, but this month I will work as teller at bank. So I texted to my Boss that I want to keep my position, but just work as part-time server since I will work at bank. He didn’t reply anything, but after I backed from my days off. He texted me that he took my schedule off and hire new server already, since He wants 5 days server and He told everyone that I resigned and he also asked me to return the uniform and badge. Can he do that to me? Since I am the full time server with full every benefits already. I have not resigned or signed anything yet, including never ever said I quit or resign, just saying I just want to work only 2 days. Since I still need hotel’s medical insurance for my HPV treatment this month and next month. But I will start working at bank by the end of this month, and bank told me that i will get medical insurance next month as well. Should I confident that I will get medical insurance from bank next month, and let it go? Or should I tell Hr of hotel, but I am not sure that hotel can terminate full time employee anytime since I am foreigner with Green Card? #termination #management #advice #

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almost 4 years ago
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Sage Schott-Reed
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12 people found this answer helpful

You are an at-will employee and can be let go for any reason or no reason. In your case, your employer needed a full-time server and you could only work part-time. He did not discriminate against you. Technically, you did resign because you can't work the hours.

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Sharon E
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Staff Nurse at New York

It’s unfortunate this happened the way that it did. If the other job will give insurance then you should not worry. As for the additional work if you still need it try other restaurants who may need you part-time. Good Luck.

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Chris Jacobs
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Contract Specialist at Diamind Resirts

You we're hired full-time not part-time. Benefits are usually given to FT employees only. I had once asked to work part-time due to health reasons, but for you to take another job and tell your boss, This is what I want, doesn't work. You can't have your cake and eat it too. You need to ask permission to work part-time and go from there, without expectations. Then you will know your options from there.

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Reena B.
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Administrative Assistant at Self-Employed

If you have a green card, then you are not at the mercy of any employer. Meaning an employer doesn't need to sponser you for you to stay in this country. You enjoy all the benefits of a citizen except you can't vote or serve on a jury. Yes, they are okay to let you go in this situation because you said you wanted to work part-time and they wanted a full time server. It's better that he said that your resigned because you don't want them to put that you were fired in your record. I think your manager should have the courtsey to explain all this to you and should have communicated better with you. Either way, I hope you like your job at the bank.

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Wil G
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You were a full time employee. When you chose to go to part time (via text no less), you essentially resigned your position. You can’t just decide to work less hours and expect to keep your job. You should’ve SPOKEN to your supervisor in person and discussed reducing your hours to part time, and not expecting the hotel to just do it because you texted your boss. They CAN terminate you for this.

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Musa Adeleke
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Operating Room Nurse at Lautech Teaching Hospital Nigeria

That was very wrong and you have the right to contest it. Your request should be addressed first and you should be officially informed that part time position is not available while you are advised to make an informed decision on whether to stay or resign appropriately. My daughter worked at Walmart full time for a year and converted to part time when she entered university, there is no crime committed.

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Mel Lopez-Blasser
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Enhancing the lives of those we touch by helping others reach their goals💙🤍🧡

No, He is in the wrong , specially since you havent signed anything , which means he lied, EEOC my friend

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Darcy Dickson
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Supply Chain Manager at Connexa

You have no recourse. You told him you didn’t want to work full time. You can’t just decide yourself to work part time and keep full time worker benefits.

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cheryl terrell
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Owner All Nude Male Magazine

That is the very reason "PHUCK" these employers they hav treated the individuals that keep their money flow like FECES may the manager that terminated the writer find himself treated the same way

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Karen Hicks
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I am looking for work. Server, dietary, customer service, remote jobs.

Sometimes God closes one door so the other door can open. Look back at how honest you were by letting him know, and what happened?

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