T-Mac Posted August 30, 2005 Share Posted August 30, 2005 My boss just notified me this morning that there will be no more double shifts on weekends. This means I now must work every other sunday from 7-3PM. After 20yrs of never missing a football game, I now stand to miss 4 home games and won't even be able to watch one away game(KC). The new policy goes in effect 9/11 by strange coincidence. He says this is to be fair to any new employee, which I've been harping on him to hire. I don't see how it would affect anyone else other than the one person I've been splitting the weekends with in the past. This guy's still willing to keep the prior arrangement. Anyone know my legal rights here? I can find a new job in a heartbeat, but none as proximity-convenient as this. Help! PS, Hospital Pharmacist available. Link to comment Share on other sites More sharing options...
Bob Posted August 30, 2005 Share Posted August 30, 2005 Good luck, T-Mac. Link to comment Share on other sites More sharing options...
Maxman Posted August 30, 2005 Share Posted August 30, 2005 My boss just notified me this morning that there will be no more double shifts on weekends. This means I now must work every other sunday from 7-3PM. After 20yrs of never missing a football game, I now stand to miss 4 home games and won't even be able to watch one away game(KC). The new policy goes in effect 9/11 by strange coincidence. He says this is to be fair to any new employee, which I've been harping on him to hire. I don't see how it would affect anyone else other than the one person I've been splitting the weekends with in the past. This guy's still willing to keep the prior arrangement. Anyone know my legal rights here? I can find a new job in a heartbeat, but none as proximity-convenient as this. Help! PS, Hospital Pharmacist available. T-Mac....I just PMed you some contact info. Good Luck! Link to comment Share on other sites More sharing options...
dickkotite Posted August 30, 2005 Share Posted August 30, 2005 a pharmacist? we need to hang out more often. so the question boils down to can an employer require someone to work sundays. the prior saturday arrangement doesnt mean anything here i would guess. you could play the religious card and say you have to worship the baby jesus Link to comment Share on other sites More sharing options...
faba Posted August 30, 2005 Share Posted August 30, 2005 T- Mac Not to simplify but can't you and the other person work it out with the supervisor's permission to keep Sunday free when you need it. Hope it works out Link to comment Share on other sites More sharing options...
dickkotite Posted August 30, 2005 Share Posted August 30, 2005 your in nj right? your screwed dude... . Can my employer require me to work overtime? A. Yes. An employer can require an employee to work overtime provided the employer pays the appropriate wages and does not violate any existing employer-employee collective bargaining agreement. For exceptions to requiring employees to work overtime, click on health care workers. Q. Are employers allowed to deduct for shortages or breakage? A. No. Nothing can be deducted from an employee Link to comment Share on other sites More sharing options...
The Gun Of Bavaria Posted August 30, 2005 Share Posted August 30, 2005 My boss just notified me this morning that there will be no more double shifts on weekends. This means I now must work every other sunday from 7-3PM. After 20yrs of never missing a football game, I now stand to miss 4 home games and won't even be able to watch one away game(KC). The new policy goes in effect 9/11 by strange coincidence. He says this is to be fair to any new employee, which I've been harping on him to hire. I don't see how it would affect anyone else other than the one person I've been splitting the weekends with in the past. This guy's still willing to keep the prior arrangement. Anyone know my legal rights here? I can find a new job in a heartbeat, but none as proximity-convenient as this. Help! PS, Hospital Pharmacist available. T-Mac - 1) Are you unionized or an "At-Will" employee? 2) Is there any type of written agreement, i.e. a contract or "Letter of Agreement" detailing this arangement? Honestly, I don't see any recourse for you without the above being true. Barring an agreement in writing by both sides, the labor 'arbitration' world will side with management everytime, citing their right to manage personnel as they see fit. I'm obviously in a police union and our contracts always have a 'management's rights' section in there pertaining to just that, their right to set staffing levels, change times when neccessary, etc. We've fought it many times and lost. Good luck bro. Link to comment Share on other sites More sharing options...
dickkotite Posted August 30, 2005 Share Posted August 30, 2005 if he were in a union i doubt hed be asking here. hed be on the tele with the scummy shop steward.... well you may have an out beased on your being involved in health care:: 8:43E-8.5 Overtime procedures (a) Except as provided for in ( below, an employer shall not require an employee involved in direct patient care activities or clinical services to work in excess of an agreed to, predetermined and regularly scheduled daily work shift, not to exceed 40 hours per week. The acceptance by any employee of work in excess of this shall be strictly voluntary. The refusal of an employee to accept such overtime work shall not be grounds for discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the employee. ( The requirements of (a) above shall not apply in the case of an unforeseeable emergent circumstance when: 1. The overtime is required only as a last resort, and is not used to fill vacancies resulting from chronic short staffing; and 2. The employer has exhausted reasonable efforts to obtain staffing. However, exhaustion of reasonable efforts shall not be required in the event of any declared national, State or municipal emergency or a disaster or other catastrophic event which substantially affects or increases the need for health care services or causes the facility to activate its emergency or disaster plan. © In the event that an employer requires an employee to work overtime pursuant to ( above, the employer shall provide the employee with necessary time, up to a maximum of one hour, which may be taken on or off the facility's premises, to arrange for the care of the employee's minor children, or elderly or disabled family members. (d) On-call time shall not be construed to permit an employer to use on-call time as a substitute for mandatory overtime. Back to top Link to comment Share on other sites More sharing options...
The Gun Of Bavaria Posted August 30, 2005 Share Posted August 30, 2005 T-mac - How many sick days do you get per year? I see 4 being used in your future. Nice Post DK. Good info Link to comment Share on other sites More sharing options...
Big Al NYC Posted August 30, 2005 Share Posted August 30, 2005 Dude, I'd totally go the religious route, say that you can't be made to work on the sabbath. Then just make sure you don't end up on TV at the game, completely sh*tfaced and covered in green paint. Link to comment Share on other sites More sharing options...
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