Requesting time off Question?

Question

I work in a restaurant as a cashier/host and I put in a request for time off for Thanksgiving (we're closed TG day) in the beginning of the month. On Nov. 7thth he denied my request. My mom's mad because she already paid for a trip to Canada and she says it's against the law for employers to not grant you time off if you request it weeks in advanced. She says I should quit or get someone to cover my shift. But last time I did that I found another coworker who was willing, but my manager said no to that b/c then the guy would've been working too many hours that day and because he said he needed me there too. But this new girl who started last week got someone to cover for her this Saturday and that was all cool. I've been there eight months. So what do you think I should do? Quit? Just go and risk being fired? Stay and work? Do you think it's fair he's not giving me the time off?

My mom says I can sue if he fires me. Between firing me for requesting time off, them sexually harassing me and my friend, calling us gay, and one server there calling us names like dumbshit and etc all the time, she says they can be in big trouble if take action. She says she will call him up and say she has an attorney and will take action if he doesn't give me time off.

I'm 22. It's a good job for money while I'm in college. I could probably find a new one, but I don't want a bad reference for this one. I know of one job that pays $10/hour, but I'd rather get that job before I quit this job. We're leaving this Tuesday and return Sunday morning.

I'm assuming he won't because he didnt for 4th of july and this is a bigger hooliday. i guess i can try the extra bonus gift but he scheduled everyone more hours than usual this week, including me.

dotcomr, obviously you didn't read my question fully. I stated it's a nice job to have while in college. Yes, I am in college. I didn't sue before because it seemed like it would take awhile and I would just rather work and get the money, instead of going through the legal system.

Answer 1

It is NOT illegal, but if you don't need the money, and have confidence you can get another job when you return, go ahead and quit.

Kind of weird and controlling of your mom to pay ahead without evidence you would have it off. You don't state your age, but if you are a minor, I can understand her doing this.

Holidays are huge profit makers for restaurants, so they usually require all hands on deck for those types of days, so if you intend to stay in that type of position, just work it into the equation.

Answer 2

I don't know if it's against the law to deny time off, but what with all the other stuff you're doing wrong, you probably could sue them big time. It might take a lot of your own time & money. If there's sexual harrassment going on, your manager should be legally stopped from doing such things. Lawyers might take such a case pro bono (for free), or a women's organization might be able to give you resources to fight the harrassment.

Still, it might be worth your while to try talking to him again, unless there's another manager who is more reasonable. Explain that your mother has paid for a trip to Canada, you have found someone to work for you, and that other people have gotten time off. If that doesn't work, does your manager have a supervisor or higher-up you could call about this?

If all of this doesn't work, you have to make a choice. Would you be able to find another similar job, or a better one? If there are other restaurants around your area, maybe it wouldn't be too bad to quit. Are your parents willing to help you out until you get a new job? Sometimes it can take a month, or a few months. How do you feel about your job in general? Do you like it at all? Do you think it's better than other restaurants or cashier positions around? If you like it, maybe it would be worth it to stick around even without time off. If you feel uncomfortable anyway because of insults & harrassment, it is probably time to leave anyway. Consider those questions in making your decision, if you want. Hope it works out!

Answer 3

There is no law requiring them to give you a particular time off no matter how far ahead you asked. It wasn't smart to pay for tickets for a trip before confirming with your employer that you would have that time off. And if you put in your request at the beginning of the month and he told you no on the 7th, sounds like he got back to you pretty quickly. Holiday time is busy for restaurants, so they might need everyone they have to be there. It's fair for him to deny your request. What happened THIS week with a different employee has nothing to do with your situation.

As to sexual harassment, there ARE laws against that. Who's calling you names, your employer or co-workers? Can you document it? On that issue, you can complain to the EEOC - but don't expect anything to happen fast enough to get you Thanksgiving week off.

You can quit - it's a free country. They can also fire you, and probably will if you just don't show up for your scheduled shifts, or even if you tell them ahead of time that you're going anyway and won't be at work. If you want to keep the job, stay home and work when you're scheduled.

Aren't you a little old to have your mom fighting your battles for you? And she doesn't seem to have a grasp of what the laws actually are.

Answer 4

Your mom is WRONG about the request and it is NOT against the law to deny a REQUEST. She needs to learn a little about HR before she makes those claims.

Work is not about being fair, it's about the bottom line and that's being profitable.

They are NOT OBLIGATED to give you time off if you put your request in advance.

That's why it's called a request.

Your mom is very ILL INFORMED.

You don't know about budgets and if the other person had gone over their hours for the week.


Why didn't you quit and file a suit for being insulted?

Who in their right mind stays at a job after they insult you and call you gay and sexual harrassment?

How old are you?

You either
A. Work a crappy job because you don't know your rights and you didn't finish school and thats why it's so crappy.
B. You are a liar and you made that up about the insults.

I can't imagine someone calling you that and not knowing they can get in trouble.


You should go back to school and learn a couple of things and get a better job. If you are a minor, then obviously you are limited to what you can do.

Your mom is very controlling so I am assuming you are minor. If you are not, well then, good luck!

Answer 5

Tough situation. You never want to quit a job unless you have another one lined up. And even then, the professional thing to do is to give a two weeks notice. Did you ask your boss that if you found somebody to cover your shift that hasn't reaced their limit, would he allowe you to switch? or are you assuming that he/she wont grant you the request because of the previous experience?

I say that you ask around and see if anyone who hasnt reached their hour limit would be willing to switch, even if you maybe add an extra "gift" bonus to make the offer a little sweeter. Not suggesting money, but maybe a souveneir from Canada or a pack of cigs, etc.

Try to be as professional as possible concerning this issue because you are building a resume here. The last thing you want to do is quit or get fired in bad terms because then you will not be able to put this experience in your resumes in the future.

Threats are not a good thing to do, either. Remember, if you dont get fired, just because you threatened to sue, what type of environment are you going to be coming back to when you return from your vacation. A hostile one.

Good luck and let us know how it goes!

Answer 6

If you really need the job then you may have to just bite the bullet and not take the time off. If you know that you can get a job elsewhere then quit and tell your employer why. If your mom says to quit and will help you out temporally until you find other work then go with that. Good luck, I hope it works out the best for you!

Answer 7

I don't believe it is illegal. They can set standards like only allowin 10% of the staff of at one time so that they can still run their business. (Some people could have asked off before you turned in your request.) Try to have someone switch shifts with you. If you can't and aren't already in trouble for attendance, call in since your mom has already paid cash.

Answer 8

Legally, it's none of your employer's business WHY you want to take off from work. You do NOT need to give a reason. If asked, simply say, "it's personal." However, if it's for medical reasons, and you are entitled to sick leave, you must tell your employer that it's for medical reasons. You do NOT need to tell them what the specific medical problem is. If they press you for "proof" they are entitled to ask for documentation for a healthcare professional.

Answer 9

Move on, you sound young enough to get another job without the hassles, just tell him you`re going, if he want`s you back ,would you really want to go back?. Enjoy the trip with your mom.

Answer 10

That's a though decision......I don't know, mom has shelled out money for your trip....did you tell the manager that you ticket is already paid for....