We are considering a law suit against our company for illegal on-call practices.
We are required to be on call 24/7, and if we do not respond to 50% of the calls, 100% during a storm, we will be disciplined, and after 3 disciplines, we will be fired. Not knowing when a call will be, it makes for a miserable existance, or no time to live life. The lawyers say the company can not have it both ways, if they require us to be on call and discipline for poor response, they must pay us for being on call, they can not demand call out response with no compensation, so that in a nutshell is the case.
We had an abitration case that the arbitrator noted that 50% was not a reasonable demand to put on employees without previous notification, he suggested 25%, but the company is ignoring his ruling and proceeding with discipline for those who did not have a 50% reponse. It is said that 11 people wil be fired Monday, April 4th,,,, for no other reason than, they were were not home enough when the company called.
Is this a plausible/winable claim ?
We are required to be on call 24/7, and if we do not respond to 50% of the calls, 100% during a storm, we will be disciplined, and after 3 disciplines, we will be fired. Not knowing when a call will be, it makes for a miserable existance, or no time to live life. The lawyers say the company can not have it both ways, if they require us to be on call and discipline for poor response, they must pay us for being on call, they can not demand call out response with no compensation, so that in a nutshell is the case.
We had an abitration case that the arbitrator noted that 50% was not a reasonable demand to put on employees without previous notification, he suggested 25%, but the company is ignoring his ruling and proceeding with discipline for those who did not have a 50% reponse. It is said that 11 people wil be fired Monday, April 4th,,,, for no other reason than, they were were not home enough when the company called.
Is this a plausible/winable claim ?
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