Scheduling questions- MD

[cka]

I'm shocked to hear there are no regulations against unfair scheduling.

I'm trying to figure out if there is anything I can do to help my friend out with her situation...here is the story.

My friend has two full time jobs. She started working for Company A almost 5 years ago. After being with Company A for 2 years, she has decided she needed another full time job. She went to Company A and told them she will need Sundays off to obtain a position in Company B. The manager at that time told her it would be okay. She got the job with company B. Three years later, new management comes along and is now trying to schedule her for a Sunday shift. She has agreed to work one Sunday per month if she is given advanced notice so she may get someone to cover her for the other job. Her immediate supervisor told her it would not be guaranteed, and would not budge on the matter. She even went to his supervisor, and they would not compromise on the situation. She had just quit the job,because she thinks they don't really care about anything but their numbers and figures and was very frustrated with their lack of willingness to compromise. But was there anything she could have done before she quit. And, is there anything she can do now?

Thanks for taking the time to read this long message...any opinions will be
appreciated

[wwy]

Short of some sort of written contract, no. An employer & employee may end the employment relationship at any time, for any reason (provided there is no violation of law. An employer may also change the terms & conditions of employment at any time. So if an employer finds that s/he needs her to work on Sundays, he may require that of her.

[cbg]

This is going to sound harsh, but the requirements of her second job are not the employer's problem. He has no obligation to provide her with advance notice or excuse her from Sunday work just because she has chosen to work elsewhere. She is still responsible for meeting the requirements and scheduling of her first job; she is not entitled to special privileges just because she's working two jobs.

[ElleMD]

Agreed. Whatever arrangements your friend had with her old employer have no weight when new management comes in. They are not obligated to abide by the policies someone else set up. Even the former management could have changed their mind if giving her Sunday off no longer worked for them.

If she needed Sunday off for a religious or medical reason there might be some recourse, but not in order to work another job.

[network233]

i don't know if i'm wrong here but isn't against the law for a employer to force you to work past your scheduled time? i work in retail and today i cleaned up my area of the store and told my manager that i was ready to go home since it was my scheduled time. he told me that i had to stay. i told him that i was pretty sure that he couldn't force me to stay. am i wrong??

[robb71]

Originally Posted by network233

i don't know if i'm wrong here but isn't against the law for a employer to force you to work past your scheduled time? i work in retail and today i cleaned up my area of the store and told my manager that i was ready to go home since it was my scheduled time. he told me that i had to stay. i told him that i was pretty sure that he couldn't force me to stay. am i wrong??

Yes you are. Your boss had every right to require you to stay. It did not matter that your shift was over. And it did not matter that he did not give you prior notice. You could be disciplined (including termination) for not complying. You may think this is unfair but it not unlawful.

[network233]

Originally Posted by robb71

Yes you are. Your boss had every right to require you to stay. It did not matter that your shift was over. And it did not matter that he did not give you prior notice. You could be disciplined (including termination) for not complying. You may think this is unfair but it not unlawful.

this may seem like a silly question but are you an actual lawyer.

[turbowray]

Originally Posted by network233

this may seem like a silly question but are you an actual lawyer.

Wether he is or isn't, he is absolutely correct on this answer. Do you doubt him because he didn't say the answer you expected? I am not a lawyer, but I have seen this answer many times from a lawyer.

[robb71]

If you don't agree with the answer, you have every right to contact DOL yourself and let them tell you the same answer.

[Pattymd]

Exactly. You don't need to be a lawyer to know this.

[Hiwaystar]

Originally Posted by robb71

Yes you are. Your boss had every right to require you to stay. It did not matter that your shift was over. And it did not matter that he did not give you prior notice. You could be disciplined (including termination) for not complying. You may think this is unfair but it not unlawful.

Suppose you are a single parent with a special needs 17 yr old and you have to take care them due to no adult care etc. I have authorized FMLA on file, and I understand about the maximum amount of time off allowed (12WKS) CAN BE TAKEN IN SUCCESSION OR INTERMITTANTLY.

If I finish on time, can my employer force me to stay if they need me even though I need to leave?

[cbg]

That depends. What does the FMLA paperwork say?

[Hiwaystar]

Specifically, I can't quote at the moment.
But, if I am not misinterpreting the essence of FMLA-
It is leave based on need, and can be taken in succession or and intermittantly.
My child should also fall under ADA guidelines (she is autistic) and since I have had this situation for over 4yrs, through 3 company changes, and I have complied with company policy as best as I could, the recent LBO of my company has me facing a new corporate entity which is promising to be seemingly hostile to my current inability to work consistant and scheduled hours as always needed. ( I work a flexible, 3 week, rotating shift with 24 hour on-call availability every 7th week.)
I am aware that the company falls under federal guidelines as it is an extremely large corp. with well over the necessary employees within said square miles etc.
Because the new company policy requires you to work overtime on an as needed basis, and because with the "new regime" the expectations have become inconsistant, sporadic, and difficult due to the authorization needed for mandatory overtime procedure (whew!) I find myself in ethical dilemma almost daily because of the inability to find or secure some sort of "daycare" for my teenage autistic child. The burden I bear working for this company is becoming very cumbersome to say the least.
The laws and regs seem so vague and broad, but still biased to the employer... what is a person in my situation supposed to do?

[cbg]

I didn't ask for the philosophy behind FMLA. I asked what your doctor recommended when he completed the paperwork for you to take FMLA. It makes a difference to the answer to your question.

The law does not require that your employer provide you with an accomodation because your child has a disability.

[turbowray]

I have read up alot on FMLA, and it does protect your right not to be at work, but it also says that you have to give your employer ample notice for the time off you are going to take, unless an emergency arises. You can ask to get off work early when needed ahead of time. You can not tell your boss monday at noon that you have to leave at two in the afternoon, it is considered a hardship for the employer. It sounds like you may be able to get assistance, and stay home with your child full time, and not work. It would depend on your doctor, and if the doctor states, that the child being left alone could be a life threatening experience. I hate to say the old saying, but your only other option may be getting a different job with set hours, so this problem does not arise. I really wish I could give you more answers, but I can not. Please answer cbg's questions so she can further assist you. I am not a lawyer, I am just a person having to also take sporatic time off for my husband.

[Hiwaystar]

Originally Posted by cbg

I didn't ask for the philosophy behind FMLA. I asked what your doctor recommended when he completed the paperwork for you to take FMLA. It makes a difference to the answer to your question.

The law does not require that your employer provide you with an accomodation because your child has a disability.

Ok-
Point taken... I digressed.

What specific "Dr.'s reccommendation" are you referring to? The Dr. stated that my daughter requires constant supervision, and that there is no known cure for autism, so therefore it is a permanant and lifelong condition.

[ElleMD]

Well since you are working, someone is caring for the child the hours that you are at the office. Did the doctor specify that there is a medical reason you need to be with her by a certian time? Perhaps to administer medication or take her to therapy? If it is just that the care provider leaves at a certain time, that probably wouldn't be enough under FMLA as it is more of a day care issue, not unique to her medical situation. Just her having a disability or medical situation isn't enough. FMLA isn't available to use because child care isn't available. That is why it matters what the doctor says in terms of when you are expected to need to take off to care for her.

[Hiwaystar]

Originally Posted by ElleMD

Well since you are working, someone is caring for the child the hours that you are at the office. Did the doctor specify that there is a medical reason you need to be with her by a certian time? Perhaps to administer medication or take her to therapy? If it is just that the care provider leaves at a certain time, that probably wouldn't be enough under FMLA as it is more of a day care issue, not unique to her medical situation. Just her having a disability or medical situation isn't enough. FMLA isn't available to use because child care isn't available. That is why it matters what the doctor says in terms of when you are expected to need to take off to care for her.

During the school year (now) she is mainstreamed in public schools. I have said before, I have NO daycare or help from state or federally funded agency. My needs are to be home as soon as I can to meet her at the bus. Even though she should not be left alone, I am forced to do just that when I can't be there right away.
The previous company, (company I work for has changed hands 3x since I started in 2001) was more accomadating. I have requested set schedules, and I have been forthcoming with all known dates of school closings and Dr. appt. etc at the beginning of the year. (I provided an entire year of requested days in advance.) The management changes the schedule sporadically and it keeps wreaking havoc on the original requested days off. The leave request I put in seems to be ignored now, even though it was approved in January. I have tried to be as proactive as possible. I love what I do, I need to keep this job as I would be destitute if left to the state and fed programs and assistance.

I am digressing again- sorry.

It would seem that I am screwed!