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Employer requires charitable work - California

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  • Employer requires charitable work - California

    I am an hourly employee at a large, "not for profit" hospital system. To its credit, corporate policy is to actively participate in supporting a myriad of charitable and community service projects. A prime example would be the annual March of Dimes fund raising walk. Of course, the benefit to the hospital is better PR....especially when the marchers are all wearing the company logo.

    Corporate policy is also that ALL employees must embody this same spirit of service beyond the hospital walls. Each employee must formally report his charitable work or giving prior to evaluation time. Employees who do not report an acceptable service or appropriate amount of giving are penalized on their evaluations and, as a result, may not receive the maximum raise.
    NOTE: What is acceptable is not clearly defined in the policy.

    Issue 1:
    Under the aforementioned conditions, If I'm performing some activity that clearly benefits my employer shouldn't I be paid my hourly wage?

    Issue 2:
    Alternatively, Can my employer really expect me to pay money to a third party charity or even its own charitable arm in exchange for a better performance evaluation?

    Issue 3:
    What business does my employer have wanting to know to whom I've chosen to give? How can they pass judgement on something that is so spiritually personal? If my religious belief is that charity should be anonymous and NOT for recognition or reward, isn't asking me to reveal choices in exchange for a better evaluation an infringement on my religious liberties?

    Thanks.

  • #2
    Compelling questions. I'd be curious if any of the self-identified attorneys who frequent this board in an effort to drum up business would be able to answer in a meaningful manner.

    Comment


    • #3
      I think you are under a misconception here. Attorneys are prohibited from attempting to "drum up business" here. In any case, reputable attorneys do not troll message boards looking for clients.
      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.

      Comment


      • #4
        Regarding the OP's questions, I do not see anything obviously illegal in these practices. I am not saying that I agree with the practices (I do not), but for something to be illegal there must be an actual law being violated, and I do not see that here.

        Let me also add that there are many, many employers who have questionable methods of determining raises and promotions. I worked for one company where raises were strictly a function of being drinking buddies with senior management. Bad job performance might get you fired, but good job performance got you more of the same abuse and neglect. Not a good situation but also not inherently illegal.

        Sometimes the best/only solution to a bad employer is to be somewhere else.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Originally posted by cbg View Post
          I think you are under a misconception here. Attorneys are prohibited from attempting to "drum up business" here. In any case, reputable attorneys do not troll message boards looking for clients.
          I don't usually suffer from any misconception, particularly as it concerns the law. Of course the Rules of Professional Conduct prohibit the drumming up of business per se, however that does not preclude the rather large attorney presence on this board from identifying themselves and their firm. If they weren't seeing any kind of benefits from having identified themselves as practicing attorneys, then they wouldn't be wasting their time here.

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          • #6
            My, my, we do think a lot of ourselves, don't we?

            The attorneys who post here do so as a courtesy, not to drum up business. Any time I find out that he is doing otherwise, that attorney's privileges will be revoked.

            So, what are YOU doing here, other than drumming up trouble?
            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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            • #7
              Thanks DAW.........You are probably right about this policy not being technically illegal but I still think they are walking a fine line as to compelling their hourly employees to "free time" some PR work or to maybe make a donation to the hospital.

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              • #8
                Which law to you think is close to being violated?
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

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                • #9
                  Okay, I don't know if any law would apply, but this makes me think their might be something on invasion of privacy. What if I volunteer at my church? Then my employer is requiring me to divulge my religion, which is none of their business. Or if I volunteer for an organization that might not be popular with the owners - Planned Parenthood, Marriage rights for gay people, the ACLU or the Sierra Club when I work for a clear cutting lumber company in Spotted Owl country? Something feels very wrong about this, as well as them requiring you to volunteer on your own time.

                  If they paid for your volunteer time, I could understand, but this seems to stretch beyond what is reasonable, especially since they also call for donations. They'd be better off having a voluntary donation probram like the United Way and that they match what volunteers give.

                  I'm enough of a crank, that if required to volunteer, I'd probably sign up for something that would piss them off AND I'd be sure to wear the T-shirt with their name on it AND let it me known that I was forced to volunteer. Guess that's why I'm self employed, I kept getting fired for having a bad attitude.
                  I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

                  Comment


                  • #10
                    Originally posted by cbg View Post
                    My, my, we do think a lot of ourselves, don't we?
                    LMAO. Evidently not as much as you apparently do of yourself. Do you often speak in the 3rd person plural like a 19th century school marm?

                    Comment


                    • #11
                      Originally posted by CeeBeeGee View Post
                      LMAO. Evidently not as much as you apparently do of yourself. Do you often speak in the 3rd person plural like a 19th century school marm?
                      Nobody understands good sarcasm any more.
                      Last edited by Pattymd; 05-10-2009, 02:39 AM.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                      Comment


                      • #12
                        Originally posted by Pattymd View Post
                        Nobody understands good sarcasm any more.
                        Or for that matter, anyone reading this thread. I've never been attacked not once, but twice in the same thread by the so called "moderator" for simply expressing the opinion that I looked forward to the answer to a question posed by someone else. And BTW, this comment was not "sarcasm," IMO. It was a blatant attack. Period. I would have thought the "moderator" of this board would want people to visit this place and would not be quite so spectacularly unfriendly/hostile to visitors.
                        Last edited by Surfer5000; 05-10-2009, 06:25 AM.

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                        • #13
                          Most visitors do not start out their tenure on this forum by attacking the professionalism of many of the responders, based on nothing but the responders' industry; particularly not without a little more proof than your own assessment of what the responder's motive in posting must be.
                          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.

                          Comment


                          • #14
                            Originally posted by DAW View Post
                            Which law to you think is close to being violated?
                            Aren't there laws that address "free timing"?

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                            • #15
                              Originally posted by Alice Dodd View Post
                              I'm enough of a crank, that if required to volunteer, I'd probably sign up for something that would piss them off AND I'd be sure to wear the T-shirt with their name on it AND let it me known that I was forced to volunteer. Guess that's why I'm self employed, I kept getting fired for having a bad attitude.
                              Yes, I've thought about donating money to a competing hospital.

                              Comment

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