my boss treats people so badly that many people are quitting or she is firing them and so therefore we are understaffed and now she is telling us that the rest of us must put in extra shifts for the next month or so until she gets new people hired. Are we at risk of losing our jobs if we refuse to put in overtime? can we legally be fired for not putting in overtime?......no smartass remarks please ..im looking for people who know the law and can give me a more legal perspective.
2007-08-30 17:01:10 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Unless stated AHEAD of time, meaning prior to you being hired and written in a policy, no you cannot. By the labor Board of Relations, you are not required to work more than 40 hours a week, unless like I stated, you knew about it beforehand and signed where you read and understood the policy. Go to www.laborboardofrelations.com and check out the information. I just went through this for I am a suty supervisor and was short staffed, i couldn't make any one of my officers stay, although it can be put into a declaration and be made mandatory if your policy states SUBJECT TO CHANGE.
2007-08-30 20:26:32 · answer #1 · answered by lilbreeze2000 3 · 0⤊ 0⤋
Most employment is "at will" meaning you can be fired for refusing to work overtime. The employer must compensate you for the overtime (time and half). The concept of at will employment works both ways. You can quit for no reason and can be fired for no reason.
This is all different if you are working under a contract for employment. Then, it becomes not just a matter of work relations, but a matter of contract law.
If you have a contract or a collective bargaining agreement (union) then contact an attorney or your union rep.
2007-08-30 17:08:23 · answer #2 · answered by hensleyclaw 5 · 0⤊ 0⤋
Ok, first it depends on your companies policies.
Posted company policies or employee handbooks, are considered defacto contracts.
Yes, you can be required to work mandatory overtime.
Whether you can be fired outright for not working it, depends on company policy.
At my company,
If we ask people to stay over and work a couple extra hours and they refuse, it is considered leaving early.
If we schedule over time on a sat and the employee does not show up to work, then it is considered missing a day of work.
In both instances, it is treated just like any other time an employee leaves work early or miss's a day of work.
We use a point system from 8 positive points down to negative 2 points.
When you reach negative two points, you are terminated.
Leaving early or arriving late cost 1/2 point, missing work cost 1 point if you call in before your shift and 2 points if you don't call in before your shift.
You gain 1 point for each month you work everyday and are not late or leave early.
If you are in negative numbers, it takes two months to earn a point.
And you are allowed up to 8 postive points.
So employees can earn 8 points and then as long as they call in, miss 8 straight days of work.
2007-08-30 18:38:55 · answer #3 · answered by jeeper_peeper321 7 · 1⤊ 0⤋
depends. Do you have a contract that spells that out? If not you may live in a at will state and the employer can really fire you for any reason (except discrimination and the like).
The answer is probably yes.Consult your local labor dept.
2007-08-30 17:08:44 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yep, if you are in an "at will"state, you can be fired for not doing mandatory overtime.
You can be fired for looking for another job too, if you like.
2007-08-30 17:07:31 · answer #5 · answered by mj69catz 6 · 1⤊ 0⤋
I don't think she can legally fire you, but that doesn't mean she wont.
Many, if not most employers could care less about the law!
2007-08-30 17:08:43 · answer #6 · answered by cantcu 7 · 0⤊ 1⤋