Retail - On-Call - NJ

[VeryConcerned]

I have three major questions. It seems that many of the Retail Businesses are starting to conduct their business practice on the same model as Fast-Food chains. No full-time employees or limited full-time management. All other employees are now placed on limited schedules with the balance of time referenced as On-Call. On-call is indicated with projected time schedules. You are required to "call in" at least once on an on-call day to see if you are needed. If the answer is "not needed" you are released, however, a problem has occurred on several occassions now that the "not needed" response was given and then one- or two hours later the employer (manager) calls back and now request that you come in because someone was ill or another emergency occurred and you were the On-Call person. 1) Are you required to fullfill the request. 2) On employment application information is request for personal contact information such as home phone number, does the employer (manger) have the right to demand your cell phone number if this is not your primary means of verbal communications, but only know that you have a cell phone? And, 3) if after saying you were not needed they contacted you on that cellphone and Demand that you now come in since you were originally on-call?

[Pattymd]

That is not "on call". It's poor scheduling.

Now, having said that:

1. No you're not. Just the employer is not required to keep you as an employee.
2. If they need a number, give them a number. Is it LEGAL for them to ask, yes. However, what happens if they call you later on and you don't answer the phone?

[VeryConcerned]

In reply to the second, In the past the Manager (jokingly) responded by saying something like "...where did you go, you were on-call and we tried to reach you later...." They, would go though the entire employee list until they reached someone, and request that person to come in.

If the on-call happend too often, and you became unavailable, you were 'temporarly' eliminted from the schedule as being undependable.

Another Part. So if no-one became available, and the retail store policy is that two team-members (employees) must be in the store at all times. And, one-person of course is the manager, and the other employee is to leave at a scheduled time (and also has another appointment: pick up children at day-care, Dr Appointment, School Nite with homework). And there are no written guidelines as to demanded coverage by employee already there. Can they be foreced to stay jepordizing above mentioned?

[Pattymd]

Yes, they can. I'm not saying it's fair or smart or good management practice, but there is no law against it. And regarding the staying late, again, it's not the employer's issue that the employee has another job, school, child care issues, etc. To the extent that the employee refuses for whatever reason to work overtime, extra time, etc., the law does not prohibit their termination.