Wife's boss is on a power trip. Is this legal?
Wife's boss is on a power trip. Is this legal?
My wife works in a restaurant, and the power-tripping manager has instituted a new policy where all shift changes must be approved by management. I think that is reasonable enough, but they're also asking the originally-scheduled employee why they are switching shifts, then approving or denying based on the answer.
For example, her coworker (Tom) wanted Monday afternoon off, and Harry agreed to cover the shift. The manager asked Tom why he wanted Harry to work for him, and Tom said, "I have a softball game." Manager denied the shift change because it was "unnecessary".
Is this legal? I feel like if you're able to find someone to cover your shift, you don't owe management any explanation why you need the time off. How should my wife approach this situation? Colorado, USA BTW.
I would decline to answer, and if pressed, say something vague, such as, "a medical procedure". That should be enough for most people, but if it they keep pressing, I would come up with something embarrassing, such as, "I need the time off to get my anal prolapse taken care of." Then be upset that you had to disclose private medical information and ask to speak to HR.
"Personal reasons". If they continue to pry just say it's extemely personal and hopefully they'll back off.
In Ontario that's perfectly legal. It's also legal for you to decline to answer that question.I worked in kitchens for about 15 years and came across that problem at about 1/3 of the places I worked. Not super uncommon, the industry is filled with flakes.
Keep in mind in most jurisdictions Restaurants get special labour rules.
I don't live in the US, so I cannot comment on the legality of this. However, I will advise an informal policy of malicious compliance. If the manager asks why someone needs to take a day off, that someone should reply with incredibly graphic medical issues, whether real or fake. Think 'I'm shitting blood and I need to see a doctor,' or something like that. Keep it up for a few months and see how management responds.
Whats it say in the employee handbook regarding time off?
It’s not the manager’s job to decide if someone’s personal obligations are necessary or not. It’s their job to assure there is coverage and the work is complete.
If the employee is abusing the shift-change timeoff policy, that is a different story.
If the manager is the owner, it may be a good idea for your wife to freshen her resume.
What bullshit. I’d make something up every time. Whether their request is legal or not, my personal life isn’t my employer’s business, and certainly doesn’t revolve around their “approval”.
A lot of incorrect answers here as to the legality - this is not a blanket 100% legal situation. In the US, the boss can certainly ask why. But, if he denies leave for something that is discriminatory then that is an adverse employment action under Title VII of the Civil Rights Act if they employ at least 15 employees.
For instance, if he doesn't allow leave to someone to observe a religious holiday, but allows others to go on leave under similar circumstances, that could be illegal.
A lot of things could be discriminatory. Its stupid of him to ask for specifics beyond medical vs personal.
The answer is going to depend on Country, State (if in the US) and locality. For a US based answer, you can contact he US Department of Labor and ask them for a real answer (certainly better than you'd get asking people on the internet). You can also contact the Department of Labor for whatever State the work is performed in.
At a guess, it's probably legal under certain circumstances. Knowing most small businesses, the policy is probably not that nuanced.
Tell her to just start lying about horrible medical conditions. Lying isn't illegal.
"I need Thurs and Fri off to get a painful hemorrhoid lasered"
Well Colorado is an at will state so I would think it would be legal. Shitty but still legal.
Maybe take it up with his boss? I really can't see the restaurant caring one way or another, as long as the shift is covered by someone qualified to do the job.
This is perfect for /c/Antiwork, do you mind if I cross post this?
What bullshit. I’d make something up every time. Whether their request is legal or not, my personal life isn’t my employer’s business, and certainly doesn’t revolve around their “approval”.
It is legal, but this is going to kill the restaurant.
Not illegal but dumb if it’s a power trip. If the shift is covered, then the business doesn’t suffer, but there may be other things at play. For example, the day and time of the shift. If it’s during a super busy day sad you may need extra coverage.
Now, there may be other things going on, like employees constantly changing shifts at will. When I owned a restaurant, I spent an awful amount of hours figuring out shifts that were equitable. As a manager if I want to have some certainty, the constant changes by employees whom only informed me they had negotiated behind the scenes, would feel disrespectful of my time and of the time of others.
This probably has nothing to do with your wife, but everything to do with that other dude. If I had known that he had a softball game coming up, or is in a league on Saturdays, I’d have been happy to work with him to figure out a shift change. Shit like that happens. But if this guy keeps bothering other employees to get them to cover for him constantly, that would also be disrespectful of their time. Even if they agree to do it.
In other words: If that guy thinks that his softball game is more valuable than your wife’s time with you or your family, then he should look for a job that suits his lifestyle.
If your wife, on the other hand, would come t me and tell me she needed the hours, I could work with her on that.
In the long run, I agree. A personal softball game by itself, is not reason enough to miss your shift. Just like shit happens, work also happens.
And just a no without an explanation is also not valid. A good manager lets people understand their decisions.
If we look at it from the management side, a person covering your shift means he/she will go overtime which means more cost for the restaurant. I don’t know how big or popular this place is but if one doesn’t like the way things are going, she should file a complaint with HR or maybe look for another job.
Sounds like you need to source some tips from
You should definitely provide fake answers. Make them medical and sexual in nature. "Hi boss, I'm getting a vasectomy, Bob's going to cover my shift." There's nothing wrong about this, and it maximizes the chance your boss will do or say something actually illegal because it's sexual discrimination. Colorado is an at-will state, so your employer has a ton of leeway, but discrimination is something where they still have to follow employment laws.