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Fulltime to part time New Mexico

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  • Fulltime to part time New Mexico

    My sister works for a man that just started his business two years ago. She works alone in an office more than 75% of the time. Her boss is a chain smoker and when he is in the office with her she is miserable since she doesn't smoke. She has mentioned this to him on several occasions with no results.

    My sister is a salaried employee and has worked for him for over a year now and has very little responsibility. She has asked many times for more responsibility because she doesn't feel that she is being utilized fully. She quite a very busy job because he offered her more money. There are times that she has nothing to do. Often times, her boss will tell her that they are done for the day and that she can go home early. On the occasions that she is in the office alone with nothing to do she will call and ask if he needs anything from her. If not, then she will ask if she can leave early.

    Recently, she confronted her boss and expressed concern again about the smoke in her environment and again asked for more responsibility. Today she was told that her hours are being cut to half with half her pay because he doesn't need her fulltime. He told her that she isn't being given more responsibility because he wanted her to take more of a leadership role and because she keeps "messing up" in her current responsibilities.

    She feels that she is being retaliated against for complaining about his smoking. She feels that she has performed her job without problems or "messing up". He has never coached her for poor performance until now, which she feels is unfounded. She is under the impression that he is cutting her pay so that she will quit her job. Is this legal?
    Last edited by Gotlift; 02-28-2008, 01:52 PM. Reason: Clarification

  • #2
    Yes it is legal. She doesn't get to tell her boss he can't smoke. There is also not a requirement that her boss give her as much responsibility as she desires. If she is unhappy with this job, then it is time to find another.

    Just one of these days I'd like to be bored at work.......
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


    • #3
      New Mexico is one of the very few states with no laws regarding smoking in the workplace.

      Therefore, even if he cut her hours in "retaliation" for complaining about his smoking, that is not illegal.
      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.