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Scheduling, Time off, New Position Oregon

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  • Scheduling, Time off, New Position Oregon

    Hi, I just want you to know how much I appreciate this assistance...

    Here are my questions:

    1. Can your job give you a schedule the day before you are supposed to work and not in advance?

    2. Can they verbally tell you that they have added additional days on to your schedule that you need to work even if it is not printed on the schedule?
    ( My shift availability is 3 8hr shifts a week... this would put me working a six day week)

    3. My job is training me for an additional position, with out my permission. I never signed anything or agreed to work this additional position... can they require me to do this, additionally this doesnt work with my shift availability?

    4. My job has denied 4 time off requests that I have submited in plenty of time for approval, saying that it would not meet staffing needs... are they able to do this?

    5. If They fire me or lay me off because I refuse to work this additional position, A. because I don't want to and B. because the training is out of my shift availability can I collect unemployement?

    I had a claim that ended in April for unemployment, I have been working since april 1st 3 8hr days a week. My old unemployement amount was $140.00 a week before tax. I just am not sure if I am required to work 6months if I am only part time.

    I have an additional job as a realtor, my time is very valuable to me and this is why its so difficult for me to work in such and unstructed environment. I realize that there are alot of questions here, If you can answer even one or two... I would be very greatful

    I'm sorry if this is a duplicate post, I'm having trouble posting it

  • #2
    The answers to questions 1, 2, 3 and 4 are, unless you have a valid and binding contract saying otherwise, yes, they can.

    The answer to question 5 is, while anything's possible, I sure as heck wouldn't bet the rent on getting unemployment under those conditions. Refusing to do a legal task set to you by your employer for either of the reasons you state could very well be termed insubordination, and that could well be a disqualifier.
    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


    • #3
      well

      It sounds like realty is more of the bread winner for you. If this job interferes with your main source of income,why don't you look for work elsewhere? I know of many places that are just looking for part time workers,if that is only what you want. You cannot tell any employer,after you are hired,that you will only work these days,and these hours,unless it is in a contract,prior to your starting,as cbg stated. My boss would fire someone immediately after asking someone to work 3 different times,and getting a no. Some will just say,be here or don't come back. Sorry,I know it is not what you want to hear! Your job can also change the schedual,though most try to give 24 hours notice on a change,some can't do that,like if someone calls in sick,and you are the one they need to come in,they can do that. Oregon is an "at will" state,which means that a worker can quit at will,or for no reason at all,and thier employer can fire them at will,or for no reason at all,so if you need this job,I would reccomend toughing it out until you can find an alternative job. Sorry again!

      Comment


      • #4
        Unfortunatly, I don't consider myself unreasonable for expecting my work to be considerate of my time. After all I have to be considerate of theirs
        (Or I'm fired it sounds like) I don't consider my actions insubordinate, at the moment I have only done everything by the book as far as requesting time off. They knew my shift availability when I was hired. I never changed it on them

        Turboway, I don't understand what you mean when you said "My boss would fire someone immediately after asking someone to work 3 different times,and getting a no" I havent refused to work, only requested time off.
        Maybe the way I'm reading it is causing me to miss understand
        Thanks for all of your help you two
        P.S. Oregons Labor Laws are very cave man like =)
        Last edited by americanpie; 06-30-2006, 11:04 PM.

        Comment


        • #5
          The problem is, you're expecting that the law requires them to follow what's convenient for you, and it doesn't. Employers ask about availablity as a courtesy but nothing in the law requires them to honor it.

          I don't know if your employers are being unreasonable or not. But they are not doing anything 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.

          Comment


          • #6
            sorry poster

            Originally posted by americanpie
            Unfortunatly, I don't consider myself unreasonable for expecting my work to be considerate of my time. After all I have to be considerate of theirs
            (Or I'm fired it sounds like) I don't consider my actions insubordinate, at the moment I have only done everything by the book as far as requesting time off. They knew my shift availability when I was hired. I never changed it on them

            Turboway, I don't understand what you mean when you said "My boss would fire someone immediately after asking someone to work 3 different times,and getting a no" I havent refused to work, only requested time off.
            Maybe the way I'm reading it is causing me to miss understand
            Thanks for all of your help you two
            P.S. Oregons Labor Laws are very cave man like =)
            You are right about some things being cave man like,but it is the way it is (bummer!!). I don't mean anything dissrespecful,it is good that you request time off,but as cbg said,they don't have to honor the requests,even with the for knowledge of your availability. The bottom line is,if it isn't in writing that you get x day off,they can say no,even if it is being inconsiderate. Sorry we can't offer you something more on the positive side!! Good luck to you!!

            Comment


            • #7
              And, even if the day off requested is approved, and it's in writing, the employer can still rescind the approval, at the last minute if necessary or desired, without violating any laws.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment


              • #8
                Originally posted by Pattymd
                And, even if the day off requested is approved, and it's in writing, the employer can still rescind the approval, at the last minute if necessary or desired, without violating any laws.
                Once again,you have taught me something I didn't even know!! Thanks Patty!!

                Comment


                • #9
                  Thanks you two, I am learning alot I didn't know... Truelly!

                  I guess I did have a contract after all about the amount of hours and days I would work. I signed it when I was hired on perm. but never really read it until now. It states that I am to work 3 8.0 hr shifts everyweek. So my job rescheduled me and put me in only on the training days. This way I don't exceed my shift availability.

                  Everyone there is really nice, so I don't blame them if I don't get what I need. Its really the challenge of working for a large corporation. ( Were a dime a dozen).

                  Thanks you again!!!

                  Comment


                  • #10
                    Unless you are in a high-level executive position, true bona fide, enforceable employment contracts are rare. In any case, it seemed to work out for you, so, whatever works.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                    Comment


                    • #11
                      The chances are pretty good that what you have is an offer letter, not a contract. As Patty says, true employment contracts are quite rare except for high level exective positions. Offer letters are not contracts and reflect only what the employer anticipates at the beginning of your employment; not for all time. And you don't want them to be; if they were, you'd never get a raise or an increase in benefits.

                      But if they're willing to cooperate with you, that's all that matters for now.
                      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

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