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Employment Law/Wrongful termination (At Will)


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Hi Shirley,

I don't know if I have any rights regarding my situation or how I should proceed? But I'm in the state of Mississippi which is an at will state. My situation is very simple but I'm just not sure what else I can do.

I've contacted everyone at this company regarding fixing my situation and was told that I will need to work this out with my Team Lead. But at the time of being hired with Teletech about two years ago they knew I had a second job upon hiring me. I have the documents to prove that they called my other employer and verified the hours I worked at my 2nd job. Well Teletech automatically switched me from working my normal late evening shift to an early morning shift and made it mandatory around January 2016. I told my Team Lead about my 2nd job and that I can't work this new early morning shift due to my 2nd job work schedule. He just kept saying that Teletech doesn't work with people's 2nd jobs and that if I don't come in to work my new early morning shift he'll write me up until termination. Well, I was terminated just yesterday. The reason given was not working this new early morning shift. I told them I couldn't because I'm at my 2nd job. I have all the documents showing that i was hired upon Teletech knowing my other job schedule. I have documents showing that they have openings in the late evening shift available but they were blocking me from working these late evening extra hours. I've never had a problem before with my other Team Leads. I had a schedule issue before and my other Team Lead didn't give me a hard time. She just contacted another department and got my schedule adjusted. I know my Team Lead could fix this issue but for some reason he just keep demanding me to work this new early morning shift. He also told me that these hours can be waived by our Service Delivery Manager. But when I tried to get the emails of these managers he just told me that they rejected my request with no reason given. I also have proof that they are having a new training class currently and they need volunteers to work the evening shift. And usually with Teletech the new training class employees go to the evening shift. So, I know that they have alot of openings and slots for the night shift available, which is the only shift I can work. Even my Team Lead sent out a global email stating that If there's anyone who needs a special accommodation for there shift due to having to go to school, exc.. to email him and he will assist them with a shift bid. I kept telling my Team Lead that I'm willing to work I just can't work the early morning shift due to my 2nd job. I kept working the late evening shift while trying to contact different departments to adjust my schedule. I contacted our Human Capital Department but they told me that the schedule adjustment would have to be worked out with my Team Lead but he refused to work with me.

I have documents for everything. But I don't know if there's anything I can do since this is an at will state.  
I don't know, but should I contact the CEO of the company in this situation? Do you think it will do any good?

I've attached my last communication with Teletech regarding my termination. The HC department responded just by saying, Unfortunately, the decision has been made to terminate your employment with TeleTech. I wasn't able to attach the other parts due to image limitation upload.

I'm sorry for all the writing I just wanted to give as much clarity to my situation as possible.

Thank you,
Denise Choe

This is most unfortunate, it appears to me that your team lead does not want to work with you on the schedule. While it is not against the law to terminate an employee for not working a schedule, it is unprofessional in the way this has been handled. If you were still working I would suggest you speak to your Human Resources department. The CEO may be able to help, but Human Resources usually hires and fires employees.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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