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Can my husband get fired for refusing to work after 8pm?

Category: Law & Legal

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After being robbed twice by the same person in less than 3 weeks?

He works at a liquor store in California. We live in a very very small town and this kind of thing just doesn't happen.

He normally closes the store at 10pm every night, but he has been robbed twice between 8:30-9pm by the same person. So he is going to tell his boss unless he gets him a gun to keep in the register, he is going to close at 8pm, for fear of being robbed, and fear for his life. He is going to get his gun permit, but his boss does not need a permit, so it would be faster.

Any links to the law regarding this would be greatly appreciated. I just spent the last hour looking, but I can't find any clear information.

Thanks.

lcr000
lcr000

He can refuse, but he can also be fired for refusing these are risks working retail, while it may seem unfair it would not be illegal to let him go for refusing to work when required and no court would back him up

seren_zen
seren_zen

That's awful. I hate to say it but under the employment-at-will doctrine an employer can generally fire an employee for any reason or for no reason at all. Unless he has a written employment contract that states he is here for 3 years or has the right to change his schedule at will.

But there are some things that he can't fire for and it is more geared towards discrimination. such as race, age, gender, disabilities...

http://employeeissues.com/at_will_employ¦

This link will give some info.

But his boss would have to be a major jerk to fire a man who is afraid for his life and sick and tired of being robbed. He has a family and if he's hurt where would that leave you and your kids!

Honestly, if it were at all possible I would have him get another job. Having a gun there is even scarier because if the other person has a gun he could get killed trying to pull a gun out!

I personally feel your husband should have every right to refuse working after 8pm and his boss should either hire an armed guard or close shop early or work the shift himself.

The responsibility of protecting his life from a criminal intent on robbing his work should NOT be on him, it should be on his employer. His employer can work the 8pm shift and get robbed and fear for his life.

Do the police have any leads? You should contact your local police dept and ask them these questions about his job security and what his options are.

I hope everything works out, that's terrible!


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