A girl I work with couldn't stay over due to a child's dr. appointment and she was suspended without pay for 3 days and will be terminated the next time it happens.
2006-09-13 18:43:31 · 13 answers · asked by klay43701 1 in Politics & Government ➔ Law & Ethics
Shifts can be mandated as long as they desire - but not over 16 straight hours. If 12 hours was mandated, then that is what it is. As long as the company pays for the overtime the employees work, they are not breaking the law.
By accepting employment with the company that she is working for, she accepted their policies with that. So she was aware that at times, they would mandate overtime. They state that up front (by law, they have to if they make it mandatory). If she agreed just to get a job, then she was really wrong in doing that.
I think she needs to talk to her supervisor and inform them of the next appointment. If the sup says that it's the kid or the job, any mother is going to take the kid, right?
She should schedule appointments outside of her scheduled shift. Dr offices will work with you on that. Mine does. I have gone in as late as six thirty (some nights she is open later). If she has a day off, then she should schedule it for then. If she doesn't, then she needs to schedule a vacation day. Make the appointment well in advance, and then put in for the day right away.
2006-09-13 18:50:37 · answer #1 · answered by volleyballchick (cowards block) 7 · 1⤊ 0⤋
Your workplace should have made your workshifts known to you at the start of your employment. If you were informed that you would be working 12 hour shifts, then there is no reason not to expect to have to do so.
Hopefully, if you have to work more than 3 days of those shifts, then you are getting overtime for hours over 40 per week. If you are in a salary position, then your total expected hours should have been explained to you, and at the end of that time, you have no expectation to remain, assuming you have followed scheduling protocol.
2006-09-14 01:54:15 · answer #2 · answered by Jim T 6 · 0⤊ 0⤋
Try to check under your state's labor laws. If your labor laws allow 12 hours working hours as regular working hours then you cannot complain for it is legal. BUT when your labor laws provide for a shorter working hours then do some legal action. For in that case, you should have been entitled to overtime pay. Contracts are still subject to the laws of the state so even if you signed a contract containing such number of hours if the law requires a shorter period then the law will prevail. Try to check your congress' website or that of your supreme court's, they may have posted a copy of your labor laws. God bless!
2006-09-14 02:10:33 · answer #3 · answered by christiana 1 · 0⤊ 0⤋
I'm guessing, but I would say that your company has an attendance policy and she has violated it numerous times. That the 12 hour shift is either her normal shift or mandatory OT and that the company gave her advance notice about the OT so that she (and the other employees) could make prior arrangements.
2006-09-14 02:31:45 · answer #4 · answered by Mariposa 7 · 0⤊ 0⤋
That is not legal unless it is outlined in their signed contract with the company, and if they are made to work that many hours, they do need to be paid overtime and given proper breaks as paid and unpaid.
2006-09-14 01:49:36 · answer #5 · answered by mandabear 2 · 0⤊ 0⤋
Does it really matter whether it's legal or not? They can make up any excuse to fire her. I doubt she's gonna hire a lawyer to fight for a job she probably doesn't like much anyway, and would later get fired for something else.
2006-09-14 01:47:04 · answer #6 · answered by vinny_the_hack 5 · 0⤊ 0⤋
If its in the contract - many places will allow 24hour days.
Its insane, its going backwards - but its allowed.
I suggest she looks for another job with a company that is more sympathetic and less nasty.
2006-09-14 03:42:55 · answer #7 · answered by Tish-a-licious 3 · 0⤊ 0⤋
sure if you are an adult.
if the job says you must work 24 hours a day. you dont have to apply for it
2006-09-14 01:45:32 · answer #8 · answered by d2pain 3 · 0⤊ 0⤋
I just scored a $60,000 severance for complaining about hours.
Normally it would not be worth it, but I was going to quit in 3 weeks anyway, so fine with me!
2006-09-14 01:46:39 · answer #9 · answered by Dip Shït 2 · 0⤊ 1⤋
you need to tell her to call OSHA and the Labor Board in whatevr town your in....good lookin out for her...who the hell suspends someone withOUT pay for NOt working a DOUble shift b/c their child is sick...hopefully something happens to that boss...tell her to call corporate, too...good luck
2006-09-14 01:46:31 · answer #10 · answered by thatgirluknow 3 · 0⤊ 1⤋