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Need Help for Various Issue in Employment Ohio

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  • Need Help for Various Issue in Employment Ohio

    My fiance has been the company he's work for almost 8 years. Up until 2 months ago he was at one location the whole time. At the end of January we moved across town and then 2 months ago he requests a transfer to a new location closer to home. One of the supervisors met with him and told him that he would let him have the transfer. The terms stated were that he would be available to work both counter & delivery driver positions for 30 days. At the end of this period his then manager was to decide if he was to be put on the counter or to be a delivery driver. He was told that his pay would remain the same until the decision was made in 30 days. His new manager has kept him on the counter 98% of the time for the past 2 months. Only using him to make deliervies if they got backed up and needed the help. My fiance has asked him repeatedly about his raise that he should have gotten for going from driver to a counter position. Both his current manager & the supervisor that set up the transfer has done NOTHING about his raise. I am trying to find out if he has any recourse to deal with not getting what he was told he'd get in the time frame he was given. This was all verbally done.

    Additionally, he new manager NEVER gives him a schedule instead will verbally tell him his hours, up to the day prior to his shift. Is there a law that managers have to provide a schedule to employees? If so is there a time frame that this should be done in? (ex. two week prior to the work week?) There is no way we can balance family/work life under these circumstances. We have 6 kids (that shouldn't matter) and all are home schooled. We also run a business from home & without knowing my fiances schedule I get stuck handling ALL the responsibilities because we never know when he'll have to work. My fiance has requested a written schedule for TWO MONTHS and continues to be told by his manager that he just doesn't have the time to write one up. It wouldn't bother us if it weren't for the fact that he tells him last minute (as in the day before) of schedule changes.

    Also my fiance requested to have one weekend day off so our family could go to church. His manager did not like this, but has currently complied and given him 1 day off per weekend. He also told him that for the "next couple of weeks" he would be able to do that. Meaning that he could at any time revoke my fiances right to attend religious services. Problem is that there are NO other employees there that work BOTH days during the weekend, only my fiance was being forced to do so. Is there legal recourse for this? Up until his transfer we attened religious services weekly on Saturday with NO problems. Since his transfer our entire family has missed services because he has our only vehicle to use to get back & forth to work.

    All we want is to be able to balance our family/work responsibilities. With no schedules being written up, being verbally told of scheduling changes at the last minute, and not wanting to give him ONE day off per weekend it is impacting EVERY aspect of our lives. My fiance has a right to know when he is supposed to work within a reasonable amount of time, doesn't he? He also should have the right to attend religious services and/or have at least one day off each weekend if every other employee gets one day off each weekend, doesn't he? I just want to know what recourse(s) he has.

    Thank you!

  • #2
    You have several issues and in most cases, the answer is the company is not doing anything illegal. As long as he is making minimum wage, and unless he has a bonafide contract of some kind (only a lawyer can assess that) his employer doesn't owe him a raise. He asked for a transfer which they granted. It doesn't have to be doing any particular tasks and the employer decides how it is compensated and classified.

    There is also no requirement that the schedule be made in advance. The law just doesn't get into work schedules.

    The religious issue is trickier. He can ask for a reasonable accommodation to allow him to attend services. It need not be the exact service you prefer to attend and it isn't reasonable to grant the entire day off. They could say he can adjust his hours around the service. That the rest of the family doesn't have other transportation isn't a consideration. Drop him off and pick him up from work or make other transportation arrangements as the employer is not required to take the family's plans into account. It is usually reasonable to allow time to attend services but it isn't if it would cause an undue hardship on the employer or other employees. For example if others are not scheduled to work weekends, if would not be reasonable to force someone else to change their schedule to accommodate his.
    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
      Agree/concur with Elle.

      Good post, Elle.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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