Author Topic: Work dilemma  (Read 3228 times)

Illini1

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Work dilemma
« on: June 29, 2015, 07:45:21 AM »
So in the past week my job has notified myself along with the other three supervisors that we all now have to put in an extra day (12 hour shift) every other week for the foreseeable future. A couple of weeks ago at my job (distribution) we were running extremely heavy on volume and our general manager came to us personally asking us if we could put in some extra time and we agreed to do so. With this agreement we were able to pick the days we could come in and even work half days which worked out well since I was able to get home before my wife left for work and was able to avoid extra child care expenses.

With this new directive we have to work the full shift with the day to be directed towards us with no flexibility what so ever. All of us supervisors (salaried) are incredibly pissed off by this especially since none of us can figure out why as we are currently no longer behind in our work. I know most of them do not want to rock the boat on this as I'm sure they are no where near me as far as being in a position of strength. I currently probably have five years plus of living expenses but no where near what I would consider FU money.

I have been unhappy in my position for awhile and I guess I have been trying to stick it out for another year or so at which time my son will be in school. The only real positive of this job was the schedule, which allowed me to be home with my son more but with the added extra days now that too is gone.

We have tried to bring up our concerns with management but they have been blowing us off.

So any and all advice is welcome. I'm thinking of putting my foot down and just telling them that under the old way where I could work a half day on my days off is the maximum that I can work because of needing childcare for my son and I will not work the full day.  And if they start to give me any BS then I can suggest that we involve HR as we are all pretty sure that they aren't privy to this new directive.

Also, i was wondering if anyone has gone thru something similar and is it possible to get fired for something like this? Would I even qualify for unemployment?

Bill76

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Re: Work dilemma
« Reply #1 on: June 29, 2015, 07:55:12 AM »
I'm not an expert, but my understanding has always been that even if you're an exempt employee (i.e., salaried professional/management), you're not completely exempt from being compensated for mandatory overtime.  You don't get OT if you work an extra half day to catch up on your assignments, but regularly scheduled, mandatory work hours beyond 40/week are eligible for compensation under a lot of circumstances.  If you have a friend in HR that you can trust, it might be worthwhile to ask a few questions about whether or not this new policy is in compliance with company standards.

RyanAtTanagra

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Re: Work dilemma
« Reply #2 on: June 29, 2015, 12:13:32 PM »
So any and all advice is welcome. I'm thinking of putting my foot down and just telling them that under the old way where I could work a half day on my days off is the maximum that I can work because of needing childcare for my son and I will not work the full day.  And if they start to give me any BS then I can suggest that we involve HR as we are all pretty sure that they aren't privy to this new directive.

Yep, that's pretty much what I'd do.

Also, i was wondering if anyone has gone thru something similar and is it possible to get fired for something like this? Would I even qualify for unemployment?

Curious to hear opinions on this one.  Probably depends on your state but from what I've seen, if they try to change the terms of your employment to something you can't/don't accept, then they can choose to lay you off due to restructuring of the position, which would qualify you for unemployment.

john c

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Re: Work dilemma
« Reply #3 on: June 29, 2015, 12:27:12 PM »
Also, i was wondering if anyone has gone thru something similar and is it possible to get fired for something like this? Would I even qualify for unemployment?

My guess is that you won't get fired for this.  If this really pisses off your boss, you'll start getting written up for a bunch of BS and then fired for that.  Fundamentally, you're not on the same page as your boss.  I view it like a breakup with a girlfriend/boyfriend.  You know that you're incompatible, it's just a matter of time before you split.  You thought you could keep it going for another five years.  Now it's apparent that it's not the case.  Resist the changes, but start looking for another job ASAP.

HR, by the way, is not going to help you on this.  Their job is to protect the company from lawsuits, not intervene to protect employees from demands from bosses.  They're going to help your boss get his way while checking all the boxes to avoid liability.

You will get unemployment if they lay you off for "business reasons".  If they start writing you up for trivial stuff, they're going to fire you, and you won't get umemployment.  You might get it after appealing the initial denial from the company, but that depends on whether the company fights you on it.  The more unemployment claims ex-employees file, the higher their unemployment tax rate goes, so they have an interest in fighting you on your unemployment claim.

Good luck!

regulator

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Re: Work dilemma
« Reply #4 on: June 29, 2015, 12:31:10 PM »
I think I would just keep my mouth shut and find a different job ASAP.

Mother Fussbudget

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Re: Work dilemma
« Reply #5 on: June 29, 2015, 01:01:36 PM »
I think I would just keep my mouth shut and find a different job ASAP.
+1

BlueHouse

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Re: Work dilemma
« Reply #6 on: June 29, 2015, 01:36:59 PM »
I would politely decline ("No thanks.  I'm happy with my job as it was defined and agreed to when you hired me") and if you sense trouble, ask whoever notified you to provide a description of the additional duties and the estimated time requirements in writing so that you can assess the financial and personal impact.  See what happens and go from there. 

If you are fired for any reason, you will have the opportunity to apply for unemployment benefits and then the onus is on the company to defend their decisions.  I went through this once and while it was very upsetting for me, in the end, it amounted to a 10 minute phone call.

DeltaBond

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Re: Work dilemma
« Reply #7 on: June 29, 2015, 01:48:03 PM »
I think I would just keep my mouth shut and find a different job ASAP.

+1

AZDude

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Re: Work dilemma
« Reply #8 on: June 29, 2015, 01:51:13 PM »
First, HR will not help you. As stated, they work for the company, not for you. Their job is to prevent lawsuits, not to give the working man fair and equitable treatment. I have had my fair share of squabbles with HR in my career. They are not going to help in any meaningful way. If you do think there are legit shenanigans going on, try looking for the compliance office rather than HR. Often there is an anonymous company hotline you can call.

Other than that, just tell them "no thanks, I need to get home to be with my son". 9/10 supervisors will understand and everything will be fine. If you happen to work for that one asshole, then start browsing around to see how the local job market is for someone with your skills, and assess the feasibility of quitting and finding another job.


Jack

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Re: Work dilemma
« Reply #9 on: June 29, 2015, 07:36:12 PM »
I would politely decline ("No thanks.  I'm happy with my job as it was defined and agreed to when you hired me") and if you sense trouble, ask whoever notified you to provide a description of the additional duties and the estimated time requirements in writing so that you can assess the financial and personal impact.  See what happens and go from there. 

If you are fired for any reason, you will have the opportunity to apply for unemployment benefits and then the onus is on the company to defend their decisions.  I went through this once and while it was very upsetting for me, in the end, it amounted to a 10 minute phone call.

+1

In addition to the above, I suggest the following:

  • Start documenting anything that would help you win the unemployment benefits appeal, including previous (good) evaluations, the change to add the unpaid overtime, etc.
  • Start looking for a new job

I do not "+1" the people saying to keep your mouth shut. With 5 years of living expenses, you can easily afford to push back. And it's the right thing to do, not only for your own self-respect but also to help your coworkers.
« Last Edit: June 29, 2015, 07:38:34 PM by Jack »

Schaefer Light

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Re: Work dilemma
« Reply #10 on: June 30, 2015, 07:30:24 AM »
All of us supervisors (salaried) are incredibly pissed off by this especially since none of us can figure out why as we are currently no longer behind in our work.
If that's the case, then I would try to (tactfully) argue that there's no reason for working the extra day.  I wouldn't want any of my employees coming in if there wasn't anything for them to do.  That's terrible for morale.

GuitarStv

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Re: Work dilemma
« Reply #11 on: June 30, 2015, 07:50:35 AM »
Check your employment laws.  In Ontario an employer can ask you to work more than 44 hours a week, but all time beyond that must be paid at OT rates.  If the company doesn't want to pay, don't work the time.