Legal advice in employer conflicts


Questioner

I currently have 2 employers. Now employer a has asked me to work some extra days. So I ask employer b for those days off. Now the schedules have been made and I am scheduled for those days at employer b. When I ask why, I get the answer: we cannot give you those days off due to occupation. Now I am also scheduled for those days at employer a. I have been given a permanent contract at employer a and my contract at employer b expires in December. (Will not be extended by employer) So my priority is employer a. Employer b indicates that they cannot arrange a replacement for me. What could be the consequence if I simply go and work at employer a these days? Then employer b can fire me for refusing to work. But what is the consequence of this? Can I be fined for this? Employer b is a large retail chain, so it seems unlikely to me that they cannot arrange a replacement with so many employees.

Lawyer

Assuming that your choice is to work extra at employer a, you can be fired in extremis for refusing to work. In my opinion, there are other methods to minimize the risk of dismissal.

Questioner

I have spoken to the branch manager of employer b to find a solution. However, he does not provide anything. I would not find dismissal the worst thing since I have already found alternative work and my contract with employer b will not be extended anyway. I am mainly afraid that in the worst case the store will not be able to open that day and that they will then sue me for the amount they miss out on that day. The branch manager there also makes no effort at all to find a solution. Is it still my fault then? And could they still sue me?

Lawyer

In the worst case, you are the one liable. You can take measures to reduce the risk. If you wish, you can contact us without any obligation.

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