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

Asked over 1 year ago - Fremont, CA

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

Additional information

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)

  1. George Ellis Corson IV

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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.
  2. Neil Pedersen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more
  3. Darrel S Jackson

    Contributor Level 17

    2

    Lawyers agree

    Answered . 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... more

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