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Chris1375

Junior Member
Florida-I work in a restaurant and my managers are planning on issuing a test they made on paper.

If you succeed in passing to test, you will not have to do anything. However if you fail, you are required to do more training.

Can I be fired for refusing to do the testing?

Also if I do badly on the test can I be fired outright? If I bomb it I can get paid for my training, but I don't want to take this risk if I can be fired for that.

Thanks all.
 


Zigner

Senior Member, Non-Attorney
Florida-I work in a restaurant and my managers are planning on issuing a test they made on paper.

If you succeed in passing to test, you will not have to do anything. However if you fail, you are required to do more training.

Can I be fired for refusing to do the testing?

Also if I do badly on the test can I be fired outright? If I bomb it I can get paid for my training, but I don't want to take this risk if I can be fired for that.

Thanks all.

Yes, you can (and should) be fired for refusing to do the testing.
Yes, if you do badly, you can be fired if you bomb it.

Maybe you ought to study up and train up...:rolleyes:
 

commentator

Senior Member
In the absence of a contract, which I would be willing to bet you do not have, you can be fired for just about anything they'd like to fire you for.

Why in the sam hill would you refuse to TRY the test or refuse to do the extra training? Not only do you "have to" but if you refuse, and they fire you for refusing, you don't have much of a chance of being approved for unemployment or any kind of public assistance, because you just deliberately quit your job for a very poor reason. If they were asking you to do something dangerous or illegal, maybe that would be grounds to refuse to do what they ask of you. But just because it might hurt your feelings if you don't do well on the test, or you're hiding a secret inability to read or some other problem that would make it uncomfortable for you to take the test or you have "test anxiety" or something that's not a good reason to refuse to try.

If you do badly on the test I doubt if they'd fire you immediately. They legally could, they don't even need a bad test grade to fire you legally, they could fire you for showing up that day in green socks, but if you know you've done badly, or you are going to do badly, and you talk to them about it, they probably will give you other chances or accommodate your problems with the testing in some way. A good employee who tries to do what they ask is not someone they want to lose. It would be insubordinate to refuse a reasonable request from the employer that you do something, participate in some work related activity, or fail to cooperate with their normal training process. They can fire you with total impunity.

If you don't want to do what they require of you on this job, I suggest that you find another job where you are not going to be required to take tests or retrain in some way. That's your only right in this situation.
 
In the absence of a contract, which I would be willing to bet you do not have, you can be fired for just about anything they'd like to fire you for.

Why in the sam hill would you refuse to TRY the test or refuse to do the extra training? Not only do you "have to" but if you refuse, and they fire you for refusing, you don't have much of a chance of being approved for unemployment or any kind of public assistance, because you just deliberately quit your job for a very poor reason. If they were asking you to do something dangerous or illegal, maybe that would be grounds to refuse to do what they ask of you. But just because it might hurt your feelings if you don't do well on the test, or you're hiding a secret inability to read or some other problem that would make it uncomfortable for you to take the test or you have "test anxiety" or something that's not a good reason to refuse to try.

If you do badly on the test I doubt if they'd fire you immediately. They legally could, they don't even need a bad test grade to fire you legally, they could fire you for showing up that day in green socks, but if you know you've done badly, or you are going to do badly, and you talk to them about it, they probably will give you other chances or accommodate your problems with the testing in some way. A good employee who tries to do what they ask is not someone they want to lose. It would be insubordinate to refuse a reasonable request from the employer that you do something, participate in some work related activity, or fail to cooperate with their normal training process. They can fire you with total impunity.

If you don't want to do what they require of you on this job, I suggest that you find another job where you are not going to be required to take tests or retrain in some way. That's your only right in this situation.


Correct ^^

I have been a manager and trainer for years and I routinely test my employees.

As managers and coaches, we need to be able to assess your skills and productivity, see what needs improvement.

I can vouch that managers typically like when an employee confronts them about something they are not good at, as it shows you are determined and truly wish to be a part of the company, have room for improvement.
 

cbg

I'm a Northern Girl
And there are people here who are not only managers, but managers in Human Resources, lawyers, paralegals, and other fields that mean we know quite well what the law says.

In other words, stop trying to impress everyone with the fact that you're a manager. You got things pretty much wrong in your own thread.
 

eerelations

Senior Member
And there are people here who are not only managers, but managers in Human Resources, lawyers, paralegals, and other fields that mean we know quite well what the law says.

In other words, stop trying to impress everyone with the fact that you're a manager. You got things pretty much wrong in your own thread.

Agree. My experience (30+ years) supporting non-HR managers is that they generally know squat about employment law. Which is why companies pay good money to employ people like me and cbg. :cool:
 
And there are people here who are not only managers, but managers in Human Resources, lawyers, paralegals, and other fields that mean we know quite well what the law says.

In other words, stop trying to impress everyone with the fact that you're a manager. You got things pretty much wrong in your own thread.

Wasn't trying to impress anyone.

Was just stating I had experience as a manager and trainer in general, not that it was more qualified than any other position. I was agreeing with the person who posted before me and used my personal reference. Sorry if that came off as pretentious to you.
 

HC1432

Member
Alpha - I have now read the entirety of your posts on this site and I must say that there is not one thing that you have said that reflects adequate knowledge of employment law. People come to this site to ask questions of not only those with experience with the law/human resources, they value the opinions of individuals who have proven they are experts in those fields. I have been a long time OBSERVER of this forum prior to joining and posting comments and I myself have several years of experience in HR. That is because I recognize when I have the correct experiences and knowledge to provide a valuable response and I also know when I do not and there are many of us with the maturity to admit that to ourselves and allow those who do to respond. What have we not heard about you that would qualify you to be providing input on these matters? Luckily.. Most of what you have posted has been harmless so far but I am worried that if you continue to spew comments at the frequency (and seemingly irresistibly so) that you have so far, you will eventually provide someone with answers, advice, etc that will be harmful and result in negative outcomes for those posting. I have seen that many posters on this forum have a hard time listening to the experts even when they are brutally honest in their assessments so if you say something inaccurate or contradictory to one of the many experts providing input, the posters will cling to it because it's what they want to hear. They want to hear an answer that serves their desired outcome. So please, be big enough to observe, learn, avoid challenging those with a lifetime more experience than yourself (even if you don't like the way they deliver their comments) and above all, be willing to accept it when you don't know the right or best answer and be silent.
 

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