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Wife's boss is on a power trip. Is this legal? (lemmy.studio)

submitted 1 year ago by neocamel@lemmy.studio to c/asklemmy@lemmy.ml

147 comments fedilink hide all child comments

My wife works in a restaurant, and the power-tripping manager has instituted a new policy where all shift changes must be approved by management. I think that is reasonable enough, but they're also asking the originally-scheduled employee why they are switching shifts, then approving or denying based on the answer.

For example, her coworker (Tom) wanted Monday afternoon off, and Harry agreed to cover the shift. The manager asked Tom why he wanted Harry to work for him, and Tom said, "I have a softball game." Manager denied the shift change because it was "unnecessary".

Is this legal? I feel like if you're able to find someone to cover your shift, you don't owe management any explanation why you need the time off. How should my wife approach this situation? Colorado, USA BTW.

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[–] ristoril_zip@lemmy.zip 42 points 1 year ago (1 children)

"show me in my employment contract where it says I have to disclose that"

[–] acunasdaddy@lemmy.world 46 points 1 year ago (2 children)

If this is in the US employment contracts are virtually nonexistent.

If a policy doesn’t discriminate against a protected class, it’s pretty much legal. Your recourse is to find another job.

[–] SturgiesYrFase@lemmy.ml 10 points 1 year ago (1 children)

We need legal advice communities

[–] APassenger@lemmy.one 6 points 1 year ago (1 children)

With the country built into the community name. Less confusion and wasted energy that way.

[–] refurbishedrefurbisher@lemmy.sdf.org 4 points 1 year ago (1 children)

In the US, the state matters as well.

[–] Madison420@lemmy.world 1 points 1 year ago (1 children)

Not really, it's a private company unless you sign a contract they can indeed make their own policies.

[–] Trebach@kbin.social 1 points 1 year ago

Within the laws of the location of the employer. That's why state and sometimes even local laws matter.

[–] ristoril_zip@lemmy.zip 1 points 1 year ago (1 children)

I am pretty sure at any firm bigger than a mom & pop, there will be some sort of written agreement that the employee signs that establishes their intent to work for the employer. That's an employment contract even if it's not labeled as such. For example, they can sue if they aren't paid their agreed compensation. Because there's a contract for them to receive that compensation.

[–] acunasdaddy@lemmy.world 1 points 1 year ago

This is not correct. Wage theft is protected by law, not contract.

An offer letter is specifically not an employment contract - that distinction is usually spelled out in the law and also in virtually every offer letter.