Is this a wrongful termination?

Question

I have worked at a Subway since August of 2010. In the same building, there is an ice cream shop. The ice cream shop is owned by the same person, but it is non-franchise and not in any way related to Subway beyond having the same owner. In the past, the owner has had people from the ice cream shop come over and help out the Subway employees when we get really busy. They do prep work in the back, and he does not want anyone in non-Subway apparel in the front of the shop. He recently demanded that us (Subway employees), be trained on the operations of the ice cream shop and that we go over there to work when needed. A coworker and myself expressed disdain for this. We applied for positions at Subway. It was never anywhere on our application, nor in our orientation/training that we would have to work in the ice cream shop. We feel that we should not be asked to work to help out the ice cream shop as part of our Subway employment.

Today, both of us received calls informing us that our services will no longer be needed. There was absolutely no reason given to us for our termination. I have been employed there for six months, and him longer than that. I have NEVER been written up for anything. I have only called off one day when I woke up sick and vomiting. Otherwise, I have made it to every scheduled shift without being late. I even received a raise in my first week there because of my job performance.

Is this termination legal? Can he make it a part of my Subway employment to work at his ice cream shop? Does that violate any laws, or Subway franchising agreements? It is while I would be on the Subway payroll, and scheduled for Subway that he was asking us to go over there. Can I be let go without any cause or reason given to me? What are my options? Does this violate "public policy" that I am being axed for feeling it is morally wrong to be required to work for another venue while on Subway's payroll as a condition of my employment as it was never stated in the hiring process that would be required?

Thank you very much for any help provided. And I'm not sure if it matters, but there are about 12-15 employees in the organization.

Answer 1

I would find out who the Regional Manager of Subway is and send that person a fax letter saying exactly what you have said here. You will have to do some research on the internet to find the Regional Office, but if you really feel strongly about this, it will be worth your time. Your being fired may not be against the law, but i can guaranty you that Subway will not be happy about the sharing of non-Subway employees. Your ex-boss can get in a lot of trouble for this mess.

Answer 2

Did you have a contract ?

If so and it stated that you may be required to work in other areas if required and you refused, this can be grounds for dismissal as you are breaching the contract. If not, it was still made clear it was a requirement of staff to be trained in the ice cream shop. Most employers want their work force to be diverse.

You would have been better off compromising with your boss and if the others do the same, he will have no problem hiring new staff in the present economy.

You have been there six months and do not qualify for tribunal regulations of 12 months.

Answer 3

If you are in the United States you can be fired for any reason whatsoever. I'm not familiar with Subway's franchise agreements are like so I would suggest you contact their corporate HR office and see what they have to say about things. Other than that you have no real options.

Answer 4

As long as he is paying you for all hours worked, he can ask you to pick up the trash even though it's not in your JOB DESCRIPTION! You were insubordinate by "expressing your disdain" to your boss over the new duties.



You were not wrongfully terminated, you were terminated for refusing to do the task assigned to you. And unfortunately for you, if the owner of the shop contests your unemployment claim, you may very well be out of luck getting unemployment!



Next time, keep your disdain to yourself and do the job you are asked to do. It really doesn't matter if something is in writing or if you were "hired for that" to begin with. Job duties can change with or without notice.



I'm sure you don't like that answer, but look at it this way...chalk one up for experience!

Answer 5

unless you have written contract thats specifys what you do and where you work there is no wrongful termination. as he is the owner he can work you where ever he wants as long as you are paid correctly. you should be aware of the laws before you say you will not do something or it is not my job description. Look up at will employment so you are better informed for the future