Employees sometimes think that employers have to accommodate all their schedule requests. Not usually.
It may be a reasonable accommodation to schedule day work for an employee whose poor vision makes driving at night impossible. Giving Saturdays off to a devout Seventh-day Adventist might be a legitimate religious accommodation.
But often, employees fired for refusing to work their scheduled hours expect to receive unemployment benefits.
Recent case: When Anna Van Alst began taking college classes, she told her employer that she could no longer work weekdays. The employer said it would try to accommodate the request, but ultimately it couldn’t. Van Alst was fired when she didn’t show up. Then she applied for unemployment.
A court said she wasn’t eligible because her employer never promised her weekend-only work. (Van Alst v. Ojibwe Indians, et al., No. A10-1157, Court of Appeals of Minnesota, 2011)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Job investigation won't cause 'mental distress.'
- Choose 'firing words' carefully; stick to performance
- Training customers how to use business software doesn't count as exempt work
- Document rationale for termination even if you decide not to tell employee