By unemployedaussie - 23/06/2016 12:35 - Australia - Perth

Today, I was fired because my boss found out I had been looking for a new job. Then, I got a call from my only job prospect, saying I was overqualified and too young to work there as a waitress. FML
I agree, your life sucks 14 141
You deserved it 1 382

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Unless you were employed under a contract expressly forbidding searching for other employment, or were still on probation, they can't just sack you like that in Australia. Contact the Fair Work Ombudsman and see if you have any recourse. Good luck!

Well, take their advice! Apply somewhere better and live up to your potential. Worst case scenario go and apply for a different restaurant.

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Well, take their advice! Apply somewhere better and live up to your potential. Worst case scenario go and apply for a different restaurant.

Were you looking for a job while you were working at your current job? If so, that's all on you OP. No reason your current employers has to know you are looking for another job, because you're supposed to use your FREE time to look for a new job, not the time you are paid to work at another position. That is a completely viable reason to fire you. As for the job prospect, how can you be too young but overqualified? That just sounds like a cop-out reason to not hire you.

I know right? It's just like when I applied to be a geriatric stripper at my favorite club. They gave me the same excuse about being too young and overqualified. Blah blah blah... Like, I cultivated these wrinkles and saggy skin for a reason! Now what am I supposed to do? Oh, and it's totally possible to apply for a new position outside of work. Ever heard of online applications?

@#4, I think what #2 meant was looking for a job while on the clock at their present job. looking for another job on company hours is a "considerate" reason for them to for you, because they won't distract you from your job search with "work." yes, you can and should look for a new job on your own time.

2 and 15, nowhere in the FML does it say or indicate that OP's job search was conducted on her current job's time. There are many ways her current employer could find out about her job hunt: the new job could've called for a reference, someone found her resume on a job search website, through the grapevine, etc…

How can you be too young to be a waitress? Aren't waitresses usually young? You don't typically see middle aged women working as waitresses.

Really?! I'd say the majority demographic of servers is middle-aged women. I guess it depends on where you live...

Could be a 21+ type place and she isn't yet 21? That's what first popped into my head. The too young and overqualified together seem a little strange though...

It could be a bar that requires waitresses to be 21 or older.

In Australia, there are no requirements to be 21 to serve alcohol, just 18. But if the previous place was unlicensed, the OP would need to be 18+ to work on licensed premises.

You might have to be 18 to serve alcohal thats how it was were i worked

Ah, didnt see the location... no clue then!

Honestly, I was thinking they meant she was "too qualified" due to her education/degree or past work history maybe. Not necessarily her amount of experience.

Take some solace in the fact that you can now look for a job other than waitressing... I mean, look at how my rival Squidward turned out. I think it's completely unprofessional that your boss fired you because you're trying to expand your work experience. I don't know the law in Australia, but in the United States, if you get fired for no appropriate reason, you can file a lawsuit to overturn your bosses decision and receive some compensation, or unemployment checks, while holding a clean record. Maybe look into what you can do?

No. You can file a lawsuit if you are terminated based on discrimination of a protected class such as age, race, gender, etc. At will states give employers the power to fire for any other reason, and there's nothing you can do to fight it.

I don't think Australia has at will employment l, but I could be wrong.

Australia may not, but I was replying to the post's assumption about US employment and termination lawsuits.

At will doesn't actually mean you can be fired whenever for whatever. Companies still have to follow their own procedures and policies regarding correct termination practices, and if they don't, they can be sued. Also, most places wouldn't fire someone without a good reason just for the fact that without documentation, the person could assume it's discrimination and sue, and the company could be found at fault. Just wanted to clear that up.

I may be wrong but i don't think it is legal to fire for that reason , i know it is not the best way to go about getting a new job but there is nothing wrong if you give two weeks notice St the end ,Hopefully you find a new better job OP

Unless you were employed under a contract expressly forbidding searching for other employment, or were still on probation, they can't just sack you like that in Australia. Contact the Fair Work Ombudsman and see if you have any recourse. Good luck!

The fairwork.gov.au site has extra info

"Ombudsman" is probably the weirdest word I've ever seen.

It is a Swedish word...

Well at least you're qualified to have a better job... Keep looking!

"Overqualified" is the most bullshit excuse for not being hired that I have ever heard. I hate that crap.

It makes sense in some contexts. If you are over qualified for the vacant position, you might want to be paid more than the company is willing to pay, or you might feel like you're not being challenged and find another job or try to move up in the company. And then they'll just have to fill the position again.

Right, and this is why (in America, at least, I have no clue about Australia) we have college graduates working minimum wage jobs because they're simultaneously overqualified and underqualified for all other jobs and all the jobs within their field are either filled with incompetents who know somebody who knows the bosses, outsourced to other countries, or are filled with underpaid and undertaught workers who have to read off of a script. "Overqualified" is a load of bumpkus and is just an excuse by corporations who want to avoid hiring someone who might be smart enough to realize they're being ripped off.

species4872 19

Australia has unfair dismissal laws governing employment. Contact Fair Work Australia.

Just to clarify, were you looking for other jobs while on the clock? If so, YDI, if not this is a FML.