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I just started a new job at a grocery retailer (my first day was Sunday.. Mother's Day). On top of a few things that I can work through (like being thrown into chaos with absolutely no training, working 8.5 hours with only 2-10 minute breaks... (which, is against the law where I am from) I was scheduled to be off today. I made plans to run errands, pay bills, and then have dinner with my In Laws, being that I worked through Mother's Day, and wanted to take them to dinner with my husband. When I got home, around 8:30pm, there was a message from earlier in the day asking me to come into work, but if I couldn't make it, to please call, just to let them know. When I called to apologize for not getting the message earlier, the manager that answered said, "That's ok, you can come in now". I told her that wasn't possible, as I have had more then a couple of drinks and didn't think it was a good idea, she then stated "That's okay, as long as you don't smell like alcohol, no one will be here that you will get in trouble with". I told her that I don't know that I don't smell like alcohol but I was definitely not going to come to work under the influence of alcohol. She then said "No, you sound fine, you need to come to work", I told her that I was only calling to apologize for not getting the message sooner, but I will not be coming into work intoxicated. It is company policy and I had to take an alcohol/drug test to get the job. My question is this. I am a part of a union, and want to know just what I should do. I have every intension of taking this to the store director, but in the same, can they write me up for not coming in. Further more should I tell them that if they schedule me to be off, then don't call me to come in? I have a very busy life outside of work. If I have nothing planned, I don't mind giving a helping hand, but I feel as though if you schedule me off, I have a right to my life.

Any suggestions would be greatly appreciated.

2007-05-15 20:13:59 · 10 answers · asked by TmB 3 in Politics & Government Law & Ethics

Everyone gave great answers and suggestion, and I appreciate them all. I have contacted my union as well as let another manager know what happened, and informed her that I let the union know... maybe something will actually been done about this. As for picking a best answer, I am totally not able to, you all gave great answers, and I think I am going to let the community decide this. Thanks again for your help!

2007-05-16 05:57:14 · update #1

10 answers

The best thing you can do is stand your ground.....i am unsure of the laws where you are so i cannot offer more than that....
AND
My best wishes for you to have this resolved as quickly as possible, because a lovely lady as yourself should not be under so much stress!! I think they realise just how good you are and are taking advantage of you...so stand firm hon!!
Love and light!
Ariel
xxxx

2007-05-15 20:55:45 · answer #1 · answered by *~Ariel Brigalow Moondust~* 6 · 1 0

They can't write you up for not coming in because it was your day off. I worked in a grocery store too before.
You did the right thing by not coming in. If your boss trys to write you up you need to let the store director know what happened. You have nothing to worry about. If they schedule you for a day off that is your day off. There are plenty other people they can call at the same time. My mother works at a grocery store now, and she gets called in all the time. Sometimes she can't go and she gets into no trouble they just call some else.
Let me know if this helps you.

2007-05-15 20:20:24 · answer #2 · answered by Sweety375 4 · 2 0

First of all, if it's your scheduled day off, they have no right to demand you to come in. That is by your choice.

Second, if it is against the law to only have 2-10 minute breaks, and you are part of a union...bring it to the attention of your union, that's what they are there for, to protect your rights in the workplace.

Third, it is ridiculous for an employer to coerce you to come into work, knowing full well that you are intoxicated. That is insane. If you were to have an accident or get hurt, you would have been held liable, and could have easily been terminated over it.

Fourth, you worked a holiday for them, you were entitled to your day off. Don't let them push you around. I'm glad you said no, and enjoyed your day off. Kudos to you!

2007-05-15 20:23:57 · answer #3 · answered by cootybean 2 · 2 0

You are definitely NOT obligated to go into work when you are not scheduled unless it was so stated at your time of hire. (Some jobs require you to be available 24/7 on-call basis). It sounds like they were desperate to have someone come to cover a shift and I would speak to your Union Rep about what transpired.

When I'm on a day off I don't pick up my phone if I know it's work calling me - and believe me - they do. I am a Customer Service Manager (Head Teller) at a local bank.

2007-05-16 00:33:25 · answer #4 · answered by )0( Cricket Song 4 · 2 0

First off, if you are in a union you can speak the union steward if they try to write you up or cause any other problems for you because of you not going in to work under the influence and on your day off.

Secondly, they should have given you a company handbook that outlines company procedure. I have seen companies try to enforce their "rules" regardless of them being legal or not. Unfortunately, their rules stick until they fire someone for one of them and get in trouble with the labor board for them.

I don't think you should tell them not to call you on your day off as that may cause problems, more likely I would either screen calls on your days off and/or just not return calls on your day off, so they cannot pressure you to try to come in and they cannot prove that you never got the message.

Additionally, you may want to speak to the union steward and/or human resources about the lack of break time that is legally allowed and required to be provided for you.

2007-05-15 23:37:17 · answer #5 · answered by Stephen 6 · 1 0

The answer to your question is, within you, your gut feeling.
combine that with all the violations that would occur if you would have submitted to their demands.
If your wrote up, answer with an "affidavit of truth" of your own and ask that it be placed in your files.
Remember others reaction is just that, their reaction, and you don't have to respond to it. And, remember, everyone has their own little"bible" of the world, you don't have to react as they do. Yes, you do have a "right" to your life. Most lose because they commit to much of themselves to the Corp empire.Want to get a good education to start the change back to the "way it was" go to teamlaw.org.
Doodler

2007-05-16 01:05:02 · answer #6 · answered by Ray W 1 · 0 0

You were right for not going to work and if your in a union i would let your stuart know about this. When your boss told you to come to work, knowing you were intoxicated could have cost you your life. And if stoped by police, you would be faceing a DUI.
You did the right thing!!!!!

2007-05-16 00:08:28 · answer #7 · answered by Lloyd 3 · 1 0

it sounds to me that you should go to a higher up to help clear this matter up..this is not how a manager should act. also if you arent scheduled and they ask you to come in you have every right to refuse for whatever reason..you dont even need to tell them a reason..if this isnt cleared up as soon as possible it will just continue.a company like that just uses their employees ..dont fall into their little games let them know you r the one who really is the boss..good luck

2007-05-15 20:29:47 · answer #8 · answered by niki g 3 · 1 0

Take this to your union rep. You should notify the steward before you return to work.

2007-05-15 20:22:26 · answer #9 · answered by Anonymous · 1 0

Talk to your shop steward.

2007-05-15 20:18:19 · answer #10 · answered by Old Uncle Dave 4 · 1 0

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