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Burger King refuses to fire my friend but won't give him hours - what can he do?


He works part time at BK. Today, the manager in charge of scheduling said that he and his friend worked too slow, and they weren't going to schedule them any hours. It was not made clear if this decision was indefinite, but he hasn't been given hours in about three weeks already. BK won't fire them, because they don't want them to get unemployment. This is illegal, am I right?

They're currently looking for other jobs, but I think they should get something from BK. They can't afford lawyers (they can't even LIVE off of the money they make there, and they're both over 18), so I thought it would be best to get the labor department involved in some way. How would they go about doing this?
Their parents are not going to be any help, though they still live with them. My friend's mom cut off his internet, saying he needs to get a life, which he only doesn't have because BK won't give him hours... that's why I'm doing the research.
What should they do?

Okay, MOST answers supremely unhelpful...
It IS illegal if they don't fire them, AND don't give them hours! I mean ZERO, not CRAP hours, NO hours, but they are still technically employed there. That's not legal.

And as for his mom... she also told him to stop being a baby when he had a hole in his lung, because she didn't have insurance (which is a lie, she's a mail-carrier). So you really can't judge.

If they work slow and aren't good workers they shouldn't get any hours. I'm not sure why Burger King won't fire them, they should just quit though. They cannot collect unemployment anyways, you have to be at a job for over 6 months and you have to be employed full-time and you said he was part time. He probably doesn't have a great work ethic since you mentinoed his own mom told him to get a life. Tell him to get a new job and don't work slow.

It IS illegal if they don't fire them, AND don't give them hours!


SITE YOUR SOURCE!!!! This statement is NOT true here. Report Abuse

They don't need to quit. The manager refusing to give them hours is likely a technical you're fired.

Tell them to go file for unemployment anyway and tell the story to the person taking the application.

If they quit, they won't get unemployment - period. They should keep showing up asking for hours until they get unemployment or fired.

I think they should be looking for better paying jobs that offer marketable skills anyway. Usually working at a fast food restaurant is usually a milestone. I would tell them to look elsewhere because it sounds like Management isn't very happy with their work.

File for unemployment using the reason of "underemployment". What state are they in?

No, your friend is most likely a crappy worker. It isn't illegal and your friend can always quit..

There are a million jobs out there
He wants to stay home with pay

Good mom, good boss

they should quit...

nothing u can do legally get a new job

he should say give me hours or i quit

Part time workers cannot apply for unemployment.
BK is not under any obligation technically to give any employee hours. It is really a form of firing. Not sure why since this manager has no fear of unemployment why he just doesn't get rid of them , unless he doesn't want to give a reference where he tells the next potential boss that he had to fire them because they were not intelligent enough to quit.
They do not sound like very bright over 18 year olds.
tell them to quit, salvage some dignity and then tell them to join the service they need to have somebody kick them in the pants, so they will grow up. Yes Mom is correct, maybe she should just tell him to move out.

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