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I was denied employment because I have a infant who I wanted to stay with in the morning and was available any other time.

Fremont, CA |

In a fast food location. My sister works there and was told this. Do I have any rights?

I went to a interview in a fast food chain. I want to work just not between the hours of 6am and 9 am. I was willing to work any other part time hours.

Attorney Answers 3


Were you terminated for being unavailable? Were you denied Unemployment because you are only available after Noon? Do you want to work, or just want to get paid for staying home? The narrative is unclear.

I represent Employers, but I can recommend Worker Attorneys in So Cal if you ask.

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Employers have a great deal of discretion to manage their operations, including setting employee schedules and store hours. If you would have been unavailable to work when the store wanted you to work, then it could lawfully decide not to hire you.

My answers to questions posted on AVVO are intended to provide general information only, and are not intended to be legal advice. Employment law issues typically require a careful case-by-case analysis. Consequently, if you feel that you need legal advice, I would encourage you to consult in person with an employment attorney in your area.

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There is nothing unlawful about refusing to hire a person who is not available to work during hours the employer needs the employee to work. It is a fully legitimate business reason to select employees who are available for all of the employers working hours.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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I was told by another manager that I have a baby and they are unreliable that is why I was not hired.

Neil Pedersen

Neil Pedersen


Parenthood is not a protected class of people. However, if it can be proved that they regularly hire new fathers, but do not hire new mothers, that is what is called "gender-plus" discrimination and is unlawful. As you can imagine, that is very hard to prove, but is available if it can be proved. Good luck to you.

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