2006-09-28 15:44:43 · 16 answers · asked by SJBanda 1 in Business & Finance ➔ Other - Business & Finance
What did the employee agree to when they were hired?
They usually sign an agreement of some kind and because employers do not like having to spend all their time hiring and firing, they are usually upfront about it.
Some positions -- it is always standard -- if the boss says you are going to work mandatory overtime, you need a medical excuse or something else to get out of it.
If it is required, you refuse to do it, that could be grounds for dismissal. Find out what your work policy is and review a copy of your agreement.
2006-09-28 15:55:12 · answer #1 · answered by joyann 3 · 0⤊ 0⤋
Technically an employer cannot "force" an employee to do anything. Your willingness or unwillingness to work overtime may be used in performance reviews and could affect your wage increases. It can also lead to disciplinary action if it is a basic expectation of the job. Labor laws vary from state to state, but usually only assure that you are properly compensated for overtime worked. They do not prohibit an employer from requiring overtime as a basic job expectation. If you are fired without sufficient documentation, the company is liable for unemployment claims.
2006-09-28 16:53:18 · answer #2 · answered by Daemon Talon 1 · 0⤊ 0⤋
Well, that's a good question. If you have a union, check the contract. Overtime is the assignment of work, so yes, I believe management can assign you to work overtime, but you will have to be compensated for it--time and a half (or whatever), night differential if it applies. The "forcing" comes in because if you don't agree to work overtime you may be fired. Obviously, there may be some extenuating circumstances, like no child care, where you boss might understand, and I would think that you would have to be notified in advance unless the business was so short staffed on a particular day that that option wasn't available. My opinion.
2006-09-28 15:54:15 · answer #3 · answered by Darby 7 · 0⤊ 0⤋
If when you interview for a position and you are asked "are you willing to work overtime?" then yes. Even if the question wasn't asked, if a company has a need for overtime then they have the right to make it mandatory. It's not slavery. You don't have to work there.
2006-09-28 15:47:55 · answer #4 · answered by m-t-nest 4 · 1⤊ 0⤋
Yes they can...some jobs,like my husband Mikes, have mandatory overtime. He does get paid overtime rate. Good question to ask when interviewing when you don't want to work overtime. I'm sorry....I'd LOVE overtime!LOL! Overtime =$!!!!!
2006-09-28 15:49:12 · answer #5 · answered by ? 2 · 0⤊ 0⤋
They can if it was written into your contract of employment. Other than that they cannot legally but pressure from the boss can be difficult to go against especially if they are the type to cause problems for you later if you refuse.
2006-09-28 15:56:53 · answer #6 · answered by mind bender 2 · 0⤊ 0⤋
Only if you agreed to it on your job application. Most job applications ask, "Are you willing and able to work overtime" and if you checked "YES" just so you can get the job, then you are obligated to fulfill that requirement.
2006-09-28 15:47:15 · answer #7 · answered by Joe K 6 · 0⤊ 0⤋
Yes he can. He is, by law, able to use deadly force if need be. Why don't you want to put in a few more hours anyway, for the good of the company? Are you lazy, or what? Communist? Canadian? Get to work , you lazy piece of s***!!!!
2006-09-28 15:50:43 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Yes they can, so long as it is scheduled. What they cannot do is force you to work double shifts or stay over without notice. You have the right to decline this type of overage.
2006-09-28 15:49:36 · answer #9 · answered by Jay W 1 · 0⤊ 0⤋
absolutely .. an employer can make overtime mandatory .. they have to pay you the overtime rate however.
2006-09-28 15:47:02 · answer #10 · answered by ValleyR 7 · 0⤊ 0⤋