Christmas Party Fired

Posted by admin - November 21st, 2008

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Is it legal to fire someone for not going to a company christman party?

The owner for the company I work for is having a christmas party on a Saturday after business hours. This is the second attempt at having one since we were only given two days notice the first time, so no one was able to go. Because of that he has made the party mandatory for all employees to attend. I have other plans with family that evening and cannot go. I want to know if there is any legal action I can take if I am fired for not attending a party that he can’t make mandatory anyway.
I think I need to add a little info about my boss. He is the type of person where if he says jump he wants you to say how high. If he tells you to lick him shoes, he wants you to get on your knees and lick his shoes. He doesn’t care about anyone but himself. He wants everyone to do what he wants when he wants without question. I appreciate the suggestion of explaining the situation but it won’t do any good, he won’t care.

in the US if you do not have a contract that specifically states otherwise you are employed “at-will”
(right to work has nothing to do with this) which means you can quit or be fired at any time for ANY reason or NO reason at all.
(if you are fired for a discriminatory reason, retaliation or taking part in a protected activity that is a separate set of issues)

the reason or “cause” for your termination (as long as it is not one of the three listed) is relevant only in determining eligibility for unemployment compensation.

the party can be made mandatory there is nothing illegal about that as long as you are paid.
if you are not paid and are terminated then the employer would NOT have cause.
if you were to be paid and you did not attend the employer could fire you and they WOULD have cause.

so could your employer fire you for not attending?
YES most definitely and you could not claim it was “wrongful” BUT
you may be eligible for unemployment (assuming you have the required qualifying income) depending on if the employer was paying for this as work hours.

if this is a christmas party in the secular sense…..gifts exchanged, meal, celebration, singing of carols etcetera and NOT a church service, nativity scene, birthday party for Jesus etcetera there is no discrimination based on religion. don’t even waste your time going down that road.

since you claim you can not discuss this with your employer, and you seem to know the consequences already you must decide if you need this job………..
this employer can legally fire you and all that is left to the imagination is whether or not the employer will have cause and therefore deny you unemployment.

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