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Upset and Frustrated, I don't even know what to do or where to begin!! Arizona

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  • Upset and Frustrated, I don't even know what to do or where to begin!! Arizona

    So I previously had a few questions/concerns and today has just bothered me beyond belief!!

    I requested a day off like 1-2 months ago for today off, my manager has been out of the office on vacation but makes a point to meet with every person on our team regarding days off requested due to being told on Nov 30th that we have to use all time off prior to the end of the year. That's over 100 ppl to use time off in a 30 day period.

    Anyways,I have tried to point out to them time and time again that my time away balances are showing 3 days available plus the day I put in for today. So my manager comes in for 1 day so I ask if she will please approve the request that was previously approved and cancelled and I had to re-request. She comes to my desk 30 mins to the end of my shift and tells me that I can take the day off but I may have to take it unpaid so yet again(3rd time ) I again physically show her that I still have 3 days outstanding to use before 12/31/12...we discuss and she tells me she will have to call HR/payroll. So knowing that she won't do it because I do not believe a word that comes out of her mouth because it changes everyday, I call HR/payroll to straighten everything out and email her and my senior vp(incase my manager is not in the office the rest of the year) the updates that need to be made.

    I never get a response(which is typical) of her to do to me as she does it every time. I say I need help she says I will get someone to help you and than doesn't follow thru, I notify her of the problems I'm having on my aged files she says ok I Will meet with such and such and than meet with you and she never meets with me. I've been in tears more often than I can count the past few weeks. They say to let them know, so I do, and still no help!

    On top of all of this we are notified Friday night at 9:30pm that we have to work 8 am to 3pm on Christmas Eve....(my normal scheduled shift-that I signed a contract for is 3:30pm until Midnight Monday thru Friday.). They tried to do this Thanksgiving Eve too and since we share desks it was a cluster ****(excuse my French) ppl had no where to sit to even accomplish any work!! Again we were only give a 1.5 day notice for that and we are told the same thing may have to be done New Year's Eve...

    I get that this may be acceptable to some but for others our shifts have been this way since they created it last November and for instance my family works nights therefore my Christmas Eve would be Christas Eve morning(before work)

    Is this even legal to do just to accommodate their own preferences? I mean I schedule appts, etc based on my shift time for over a year now and it's ok for them to just say you have to work 8-3pm half the time I don't even get to sleep until 4 am?? I'm trying to be level headed but I'm really getting tired of being taken advantage of!!

    What recourse do I have? Any?

    I mean they don't go telling the day shift ppl that they have to work nights on a completely different shift 24-48 business hours before hand... To me it's discrimination!! And this is only a fraction of the **** they try to pull!!

  • #2
    If you have a bonafide employment contract outlining your hours, then I would suggest that you to take it to an attorney for review. The reality is that the vast majority of workers in the U.S. do NOT have contracts. What they have are offer letters, and those do not rise to the level of an enforceable contract. I'm skeptical that you have an actual contract, and there is no law that says the employer cannot change your schedule or must give you a certain amount of notice for schedule changes.

    No law requires that employers offer vacation time, so employers are free to set their own policies on how and when employees can use the vacation that is offered. Someone else can opine whether use-it-or-lose-it vacation policies are illegal in Arizona; they are legal in many, many states. If there is a problem using your days at the end of the year, our best suggestion may be to use your time earlier in the year when there aren't as many people competing for days off.
    I am not able to respond to private messages. Thanks!

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    • #3
      Use it or lose it policies are allowed in Az.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        I will look into the employment contract/offer letter. I do not understand why you have to sign it if it is not an agreement between the employee and the employer... I do not so much have an issue with the use-it or lose-it policy I just get frustrated that they tell you you must use it and than do not approve the time off request until last minute and than they are mad at you? And even that isn't my main concern it's the fact that I have time available to use and have explained it over and over yet they refuse to come to terms with it and tell me that I have to take my requested time unpaid when it show right in front of my face the 3-4 remaining days I have available to use and will lose because they refuse to do their job and homework.

        I don't like to have "unplanned sick days" which are occurrences but they are forcing me to prepare to have to do this since they refuse to assist me in doing it the most ethical way and it just bothers me, that I end up looking like a bad employee cause the only way to get paid for what is available is to call out...

        I'm sure in this wonderful country that I don't have any recourse as far as changing my shift times but I thought it was worth asking about. No one really cares anymore about family time or helping employees and keeping them happy. My company has one of the largest turnovers for employees and I know why!!! Lack of care for the employees needs and preferences, they want and expect everything but give you nothing in return not even a simple thank you!

        Welcome to Corporate America! Makes me really proud!!

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        • #5
          I'd be careful about claiming the offer letter is a contract. After all, it also spells out your rate of pay, right? If it's a contract, then you can never get a raise.

          It can't be only a contract when it's convenient. Either it is, or it isn't. So be very careful how you proceed.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            Agreed. All contracts are agreements but not all agreements are contracts. The word "contract" has a very specific meaning in law, something that is legally enforcable in your state. Point in fact, most offer letters historically are not legally enforcable. If the offer letter specifically says "this is a contract" somewhere in the letter, then maybe so, but past that, you really need to take the letter to a local attorney who will actually have to read it. That is the only way to tell if the offer letter is a legally enforcable contract. I understand that this is not the answer you are looking for but it is the truth.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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