School custodian refuses to download app that monitors location, got her fired

Re:School custodian refuses to download app that monitors lo... by gambiting on Wednesday April 14, 2021 @04:46AM (#26804518)

>>If you've been there less than 2 years, they're not required to provide the reason

I think you're misunderstanding the page. The employer is always required to provide a reason, whether you worked somewhere 1 week, 1 year, or 20 years. It's just that within the first 2 years of employment you don't have the right to challege the dismissal UNLESS it was for a discriminatory reason. But yes, no employer ever would say "we're letting you go because you're pregnant"(or maybe they would).

>> It's "at will" employment like the US.

Well, not quite. They still have to legally give you notice(only 1 week is required legally if you worked less than 2 years, but yes).

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Re:School custodian refuses to download app that monitors lo... by LatteLazy on Wednesday April 14, 2021 @06:46AM (#26805287)

Yeah, but they can say "you're pregnant? In an unrelated matter were letting you go because it's Thursday". And you cannot challenge that.

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Re:School custodian refuses to download app that monitors lo... by gambiting on Wednesday April 14, 2021 @09:44AM (#26806948)

You absolutely can. If you think your dismissal was due to a discriminatory reason, you can absolutely challenge it, no matter what was actually officially given as the reason. After all no one ever writes "fired for being black" yet people win racial discrimination cases all the time. 2 years or not, you have that right.

What you cannot do is challege as dismissal as unfair for any non-discriminatory reason. It has absolutely nothing to do with what the employer wrote down as the reason for dismissal, it's the question of what grounds are you challenging them on.

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Re:School custodian refuses to download app that monitors lo... by LatteLazy on Thursday April 15, 2021 @07:58AM (#26819323)

Yeah, but then you have to prove it. Previously your employer had to show the dismissal was fair, now you have to show it was not. In such subjective cases, that is very hard. Like you say, no one will say "you're too black, you're fired". But before they had to actually have a reason that wasn't subjective. Now they don't, they can hide behind the equivalent of "no comment" and you have to find evidence...

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