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Old 06-11-2015, 08:36 AM
 
13,011 posts, read 13,042,698 times
Reputation: 21914

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Do you have proof that you worked on that Saturday? Unless you are exempt, this is a violation of FLSA. Without rock solid proof though, you will need to let it go b

My theory is that your boss screwed up, got caught, and you are taking the fall for it.

The screwup occurred when your boss allowed you to work 6 days, presumably putting you over 40 hours. Your employer is legally required to pay you overtime (with some fairly rare exceptions that I suspect do my apply here). Your boss probably did not have the authority to pay OT, so tried to wiggle out of it by giving you a comp day and hoping that you would accept this.

You naively agreed.

Then, the following Tuesday somebody noticed you weren't there, and your boss threw you under the bus rather than admit to his/her mistake on monitoring your hours. Completely unethical, but unless you have rock solid proof, you can't do anything about it.

My guess is that you are an hourly worker and your boss is a low level manager, probably with a title like lead, supervisor, or overseas a small dept. let me know how close I am.
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Old 06-11-2015, 08:43 AM
 
Location: garland
1,591 posts, read 2,407,747 times
Reputation: 2003
If the reasoning behind taking the day off really was a concern for meeting payroll to cover you for a day, then you are likely better off finding a more stable company to work for anyway.
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Old 06-11-2015, 08:45 AM
 
Location: TN/NC
35,058 posts, read 31,278,237 times
Reputation: 47514
Quote:
Originally Posted by greekchampion04 View Post
Consider this a lesson learned. Always get everything in writing.
This sounds like low end employment and the garbage tactics of that sector, but a person should be able to do something like this based on someone's good faith.
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Old 06-11-2015, 09:01 AM
 
Location: Buckeye, AZ
38,936 posts, read 23,887,972 times
Reputation: 14125
Quote:
Originally Posted by MetroWord View Post
Easier said than done.

Say you're driving down the highway at 5mph over the speed limit and you get pulled over. Yes, it's rare but there are cops out there that will do this. Would you ever say lesson well learned and you will never drive over the speed limit ever again?

Say you're walking on a sidewalk and you tripped and fall flat on your face because the pavement was uneven there. Would you ever say lesson well learned and you will never look anywhere but down ever again?

The fact of the matter is everyone takes short cuts within reason here and there in life. It is absolutely unreasonable to expect anyone to never take a short cut within reason.

What happened to the OP might be tragic, but it is so rare that asking him to get everything in writing from now on is just an unreasonable request.
I actually thinks that makes sense. I honestly think getting it in writing wouldn't do much, the boss likely would find another reason to fire you because it sounds like that was case. It is good to do but it won't work in every case. This was one of them. I'd try to do that in the future but it don't guarantee your job.
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Old 06-11-2015, 09:24 AM
 
Location: BC, Arizona
1,170 posts, read 1,023,533 times
Reputation: 2378
I am an employment attorney and I would suggest you move on, learn from this and be thankful this happened after a week instead of a year invested. Depending on your state, the amount you'd win from a wrongful dismissal suit is not likely to be that high, as in many states you can fire a brand new hire during a probationary period without cause (or on payment of a minimum number of weeks salary).

I agree with others that it doesn't sound like a great place to work, and I would suggest (in hindsight) a quick email saying "thanks for the day off Tues, see you on Wed!".
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Old 06-11-2015, 09:38 AM
 
Location: New Jersey
12,322 posts, read 17,129,512 times
Reputation: 19557
Quote:
Originally Posted by Emigrations View Post
This sounds like low end employment and the garbage tactics of that sector, but a person should be able to do something like this based on someone's good faith.
I agree 100%. Something being legal does not always make it actually right. I have never heard of something like this or experiences it myself. In late April, I got word my Uncle was very sick and had limited time to live. I called my boss of nearly 10 years to ask him for some days off on short notice. Normally, we have to request it through email 30 days in advance and have an approval sent by email in return. He immediately gave me the time plus 1 day extra, told me he will make sure it;s taken care of. I went and returned with no issues. My Uncle died not long after and I got to see him one last time. The manager in this case gave the employee the day off. It is not a courtroom drama, His or her word should be enough.

The Op was essential framed due to manager incompetence or they wanted an excuse. This is insane and the company sounds a mess. I hope it opens a much better path for the OP.
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Old 06-11-2015, 09:51 AM
 
16,711 posts, read 19,405,938 times
Reputation: 41487
Quote:
Originally Posted by Keyotse View Post
Hi. I have a question.

On my first week of the job, I worked an extra day, because I didn't have a formal schedule as a new hire.

That extra day was this passing Saturday.

My morning manager beckoned me aside and told me "Because you worked an extra day this Saturday, take your next day, Tuesday, off. It would be too much stress on the payroll, otherwise."

Another co-worker talked to me about the plans we had for Wednesday. So he was on board with what the manager said as well.

I didn't report to work on Tuesday.

I came in tonight, and one of my co-workers was given the order to terminate me. I asked him "why?" and he told me "because you were a no call, no show yesterday." This completely blindsided me. I didn't have a tearful or emotional attitude. I had a "I'm-going-to-get-to-the-bottom-of-this" attitude.

I spoke to an additional manager, who said that the one who told me to take that day off, gave him the order to terminate me.

So, you can imagine my frustration. What frustrates me even more is that she magically "forgot" what she told me, and she ordered to have me terminated.

Also, magically, the co-workers told me that had no knowledge of the subject, even though, I was fairly certain there were some ears present.

Is it possible to take this issue to an attorney?

Will I be laughed out of the office?

Thank you for your time and answers.
Why did you work an unscheduled day on Sunday? That's probably why you were fired.
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Old 06-11-2015, 10:08 AM
 
Location: Buckeye, AZ
38,936 posts, read 23,887,972 times
Reputation: 14125
Quote:
Originally Posted by convextech View Post
Why did you work an unscheduled day on Sunday? That's probably why you were fired.
The boss had them do it, they were in the paradox of if they didn't they would be fired for insubordination anyway. The op was screwed either way.
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Old 06-11-2015, 10:08 AM
 
Location: TN/NC
35,058 posts, read 31,278,237 times
Reputation: 47514
Quote:
Originally Posted by D. Scott View Post
I agree 100%. Something being legal does not always make it actually right. I have never heard of something like this or experiences it myself. In late April, I got word my Uncle was very sick and had limited time to live. I called my boss of nearly 10 years to ask him for some days off on short notice. Normally, we have to request it through email 30 days in advance and have an approval sent by email in return. He immediately gave me the time plus 1 day extra, told me he will make sure it;s taken care of. I went and returned with no issues. My Uncle died not long after and I got to see him one last time. The manager in this case gave the employee the day off. It is not a courtroom drama, His or her word should be enough.

The Op was essential framed due to manager incompetence or they wanted an excuse. This is insane and the company sounds a mess. I hope it opens a much better path for the OP.
It's wrong, but with low wage, low skill employment, they can pretty much get someone in off the street and start from scratch.
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Old 06-11-2015, 10:43 AM
 
837 posts, read 2,334,306 times
Reputation: 801
Quote:
Originally Posted by Emigrations View Post
It's wrong, but with low wage, low skill employment, they can pretty much get someone in off the street and start from scratch.


I agree. I know you're angry, but honestly I would just let it go. It would cost more in attorney fee's than your salary likely generates. Lawyers generally take on cases if the employer has deep pockets with the hope of getting atty fees awarded in court. Not to mention if you're in a right-to-work state, you have extremely limited options.
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