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Post Info TOPIC: A question/issue


Chanel

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A question/issue
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So, my issue today with my boss sparked some thoughts in my head about her other violations of company policy (and the law, as well--she can't demand that I tell her what I'm sick with--hello! HIPPA violation!!).  So, I've started making a list of all the things she says that are 'policy' but they aren't the company's policy, they are hers. 


A few examples:


1) She is telling me that the company requires me to work 50 hours a week. According to my job description that I signed and is in my personell file, I am only required to work 40 hours a week.  She threatens me b/c I am refusing to work more hours b/c it's not necessary. If I'm productive and get all of my work done in 40 hours, why sit around on the clock for an extra 10 hours? It doesn't make sense to me.  I'll stay later if I need to, but most of the time, it's not necessary.


2) She is telling me that my the managers under me must have completely open availability and work at least 40 hours.  Again, this is a not what the policy states. The policy states that they must work at least 32 and up to 40.  They also must be available to work nights and weekends, but it never says that completely open availability is required.  What about people in college or grad school--hello?!


3) Requiring two weeks of training for my new position. Company policy is one week. She is tacking on an unecessary week and wasting my time. One week of training is a waste of my time.


4) The illness situation. Demanding that I go to the doctor for a stomach virus and that I tell her exactly what's wrong, call her after the visit and give her the details of the visit. This isn't just a violation---it's ILLEGAL!!!  She has no right to inquire about the things that go on at my doctor's visit. 


Sooooo, all that said (and there is much more).  Do you ladies think that I have enough ammo to report her and get something done about it?  I have witnesses to several of these issues.   Thoughts? Thanks.



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Hermes

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YES!!!!  If you have written proof, that's always helpful as well.  I'm assuming by 'report her' that you're referring to reporting her to her own manager or higher-up?  If that is the case I would say RUN, DON'T WALK!  If someone is made aware of the situation, it should either get her reprimanded/let go/demoted b/c no company wants a law suit on their hands!  If you can get a few other employees on board as witnesses (and who are actually willing to say something about it along with you) then you also have a better chance of winning the her word agains yours fight.  Good Luck!!!

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Dooney & Bourke

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quote:




Originally posted by: NylaBelle
2) She is telling me that my the managers under me must have completely open availability and work at least 40 hours.  Again, this is a not what the policy states. The policy states that they must work at least 32 and up to 40.  They also must be available to work nights and weekends, but it never says that completely open availability is required.  What about people in college or grad school--hello?!


 4) The illness situation. Demanding that I go to the doctor for a stomach virus and that I tell her exactly what's wrong, call her after the visit and give her the details of the visit. This isn't just a violation---it's ILLEGAL!!!  She has no right to inquire about the things that go on at my doctor's visit. 




don't want to rain on your parade, just help you have a stronger case if you do decide to take these to the higher-ups.


i assume most/all of the employees where you work are at-will employees.  so even if they are students and their class schedule conflicts with when their manager wants them to work, they can be fired for that.  sucks, but it's true.  employers are free to set schedules and guidelines on all sorts of things, and then have the mindset of 'if that doesn't work for you, find another job.'


also, it is illegal for your employer to demand details about your health, but it is NOT illegal for them to require a doctor's visit and/or note for missing work.  again, if you don't like it, hit the road.  (i'm not saying i agree with this, just that most employers do think that way)  i also have lots of info on HIPAA if you want any links, just let me know.


even if you only have one or two aggregious abuses of power, that's definitely enough to "report" just be prepared for life to be even more unpleasant if you do.  your company's HR department will probably have to interview you, her, your coworker/witnesses, etc. and it will all come out in the open.  she will know exactly what you said to them, and can probably make your life miserable in a host of other legal ways.  just something to consider, and the reason i've never reported my boss (who partakes in everything you listed and more in a typical morning).



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Chanel

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quote:

Originally posted by: valenciana

" don't want to rain on your parade, just help you have a stronger case if you do decide to take these to the higher-ups. i assume most/all of the employees where you work are at-will employees.  so even if they are students and their class schedule conflicts with when their manager wants them to work, they can be fired for that.  sucks, but it's true.  employers are free to set schedules and guidelines on all sorts of things, and then have the mindset of 'if that doesn't work for you, find another job.' also, it is illegal for your employer to demand details about your health, but it is NOT illegal for them to require a doctor's visit and/or note for missing work.  again, if you don't like it, hit the road.  (i'm not saying i agree with this, just that most employers do think that way)  i also have lots of info on HIPAA if you want any links, just let me know. even if you only have one or two aggregious abuses of power, that's definitely enough to "report" just be prepared for life to be even more unpleasant if you do.  your company's HR department will probably have to interview you, her, your coworker/witnesses, etc. and it will all come out in the open.  she will know exactly what you said to them, and can probably make your life miserable in a host of other legal ways.  just something to consider, and the reason i've never reported my boss (who partakes in everything you listed and more in a typical morning)."


 


Yes, the company is 'at-will' but that doesn't mean that anyone can be fired for any reason...there's too much legal legwork if that happens--trust me, I've had to fire several people and everything has to be documented and there have to be write-ups, ect, ect, ect.  I'm not talking about sales associates here when I'm talking about schedules. I'm talking about management and things have to be handled differently with them.  Trust me, if someone was fired just b/c her scheduled wasn't compliant, we would have a lawsuit (this straight from my boss's mouth).  Just because it's at-will, doesn't mean that it's really that easy.   


Also, I know that she can ask for a doctor's note, but there is no way that she can ask for the details of the office visit.  However, my particular company's policy is that no note is required unless one misses 3 full work days (which did not happen).


So, all I'm saying is that I know my rights, I know company policy and I *know* that she is wrong. Maybe I'll wait until I find another job and then report her. What the heck could she do then? I'll never be able to use her as a reference b/c she looks at all people who quit as 'traitors' to the company.  She actually thinks that everyone who works there should want to work there for the rest of their lives.  She is a nutcase!! I've had bad bosses before, but this one wins, hands down!


 



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Hermes

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Go, Nylabelle go!


Keep us updated!  I actually fought (and won) to get unemployment when I lost my job at an 'at-will' company, so it can be done!  I would be mentally prepared for getting a new job though, just in case it gets even more miserable.


Go, Nylabelle go!



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Kenneth Cole

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I have to agree with valenciana on this one. I'm not saying DON'T fight for your rights, but just be prepared for the consequences. Rarely can you complain anonymously. Your boss will know you complained about her and she will know what you said. She probably won't be fired for your complaints, but given a warning. So, she'll still be your boss, only more pissed off at you.

Have you ever confronted your boss about these issues? For example, when she asked about your doctor's visit, did you tell her about it or did you say "None of your business?"

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Marc Jacobs

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I don't think anyone's going to like this, but I don't see the point in fighting. You don't make enough money to get damages that would be worth the bother. Your boss will be more convicned she's right, not less. It will be extremely uncomfortable for you. And you're unlikely to get any kind of satisfaction from the company.

I seriously think the thing to do is to STOP fighting. Just be like, "whatever..." She's treating you badly because she can. But she CAN"T ACTUALLY DO MUCH TO YOU. Right now, it would be a pain for her to fire you. (But if you sue her, she'll have a reason to and the support of the company). There's really no reason to make it worth her while to get off her ass and follow through on these threats. And what's the point? Are you going to like your job if you sue? Are you going to get a medal or something? What you really want is a job that you will enjoy, and a lawsuit is a huge distraction from that goal. Besides, employment laws are pretty murky, and very inadequately enforced in most of the country. And lawsuits take a really, really long time.

I don't mean to say that you should put up with poor treatment. I just think you'll be happier if you have less strife in your life. Why add more?




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Chanel

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Eh, I don't really think I'm going to do anything at the moment.  I may just point out (politely and respectfully) the policies that I'm aware of in writing and ask her if things have changed. That way she'll be able to explain but I won't look like a belligerent ass.  I pretty much ignore whatever she says b/c, let's face it, when I'm in PA and the boss is in Florida, what can she really do?  I'm just on the search for a new job (but what else is new?).

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