Employer Question - Page 5

Hoover · 04-18-2005, 12:44 PM

If you worked at a small business. And your boss just bought a new house, and instead of working at the office, he made you help him move. Would you be pissed or happy to be out of the office?

Please note: This is not packing or unpacking, this is just moving boxes and other stiff.

Just seeing what I can get away with...

PastorMikH · 04-18-2005, 02:18 PM

Quote:

Originally Posted by JimNasium

Oh, and don't you have some sick or lost souls to visit or something?

Don't make me look you up next month!

PastorMikH · 04-18-2005, 02:19 PM

Quote:

Originally Posted by Brock

If you're paying them to mow your lawn instead of what you hired them for, you aren't running your business very well, IMO.

Actually, that would depend on whether you can get on of them to mow your yard cheaper than it would to hire the kid down the street to mow it.

Simplex3 · 04-18-2005, 02:19 PM

Quote:

Originally Posted by badgirl

I don't care what you say, other duties would not stand up in a court as doing personal work for you, my husband was told once he needed to climb out onto an arm of a electrical tower, the big kind you see running through the mountains, he refused because all the screws had not been put into that arm, they tried to fire him, they had to hire him back much quicker and pay for his time off.

...because they asked him to do something that would endanger his life. The odds of someone dying or being injured while moving some boxes are very remote.

ChiefsCountry · 04-18-2005, 02:21 PM

Quote:

Originally Posted by vailpass

I can tell you've never run up against a good labor attorney before.

That is why you have an even better attorney on your side.

Chiefnj · 04-18-2005, 02:23 PM

As soon as you turned your head, I'd drop every single "fragile" box multiple times.

Don't be surprised when they all rifle through your wife's undergarments, take them to the bathroom and then return them to the box/drawer with a little extra something.

Brock · 04-18-2005, 02:26 PM

Quote:

Originally Posted by ChiefsCountry

That is why you have an even better attorney on your side.

You need to do some deep thinking on cost/benefit.

ChiefsCountry · 04-18-2005, 02:28 PM

Quote:

Originally Posted by Brock

You need to do some deep thinking on cost/benefit.

I am. A good lawyer can get you whatever you need.

vailpass · 04-18-2005, 02:29 PM

Quote:

Originally Posted by Simplex3

Good luck with that. I can absolutely fire you for not doing what I tell you to do, and as long as your job description has that "other duties" clause that can be any legal task I want it to be.

If you really own a business and really believe what you said above I urge you to study and understand the concept of "scope of employment".
This will save you $$ down the road.

Brock · 04-18-2005, 02:30 PM

Quote:

Originally Posted by ChiefsCountry

I am. A good lawyer can get you whatever you need.

Sure. For 150-300 dollars per hour. Add in the negotiated settlement you'll most likely be paying the worker. You lose.

ChiefsCountry · 04-18-2005, 02:32 PM

Quote:

Originally Posted by Brock

Sure. For 150-300 dollars per hour. Add in the negotiated settlement you'll most likely be paying the worker. You lose.

I'm saying a good lawyer will get you out of that settlement.

JimNasium · 04-18-2005, 02:33 PM

Quote:

Originally Posted by PastorMikH

Don't make me look you up next month!

Please do. I can use all the help with the Man upstairs that I can get.

vailpass · 04-18-2005, 02:34 PM

Quote:

Originally Posted by Hoover

Ok, so here is my offer to my employees.

Due to a lack of work the office will be closed from date x thru date y. I will also be moving at the time, and if anyone would like to help, I will pay your normal salary for those dates, and we will have a big BBQ with all the food and drink for you and your families the last night. If you plan on helping please let me know what your drink of choice is, and what you would like me to grill up for you to eat.

How is that?

Regardless of how you couch it there is still an employee/employer relationship here. If an employee can show that he was reasonably afraid he would lose his job if he did not help you move it does not matter if you say this was extra-curricular.
Therefore you are still governed by employment law including scope of employment, OSHA, Fair Labor Standard (breaks as proscribed byyour sate law, etc.)
If you serve your employees alchohol you are opening yourself up to exposures similar to those in the Dram Shop laws.
Why don't you just spring for some movers and avoid all the exposure?

Brock · 04-18-2005, 02:35 PM

Quote:

Originally Posted by ChiefsCountry

I'm saying a good lawyer will get you out of that settlement.

That's what you don't seem to understand. The settlement is CHEAPER than your attorney bill is going to be.

Abba-Dabba · 04-18-2005, 02:38 PM

I remember a woman in Kansas having a few employees working at her house a few years ago. IIRC she faced some legal actions with it too. I don't remember the details, I just remember she had legal problems after the work had been completed at her home. I don't know if there are any labor laws against the general practice of having a employee doing menial tasks at your home or her case was just special but, I definately would check into it before headed full steam ahead with having a employee working at your home.

Hoover · 04-18-2005, 02:39 PM

Quote:

Originally Posted by vailpass

Regardless of how you couch it there is still an employee/employer relationship here. If an employee can show that he was reasonably afraid he would lose his job if he did not help you move it does not matter if you say this was extra-curricular.
Therefore you are still governed by employment law including scope of employment, OSHA, Fair Labor Standard (breaks as proscribed byyour sate law, etc.)
If you serve your employees alchohol you are opening yourself up to exposures similar to those in the Dram Shop laws.
Why don't you just spring for some movers and avoid all the exposure?

Its there choice. Plus why do I need to hire Movers to move me 7 blocks?

04-18-2005, 12:44 PM
Hoover Rufus Dawes Jr. Join Date: Aug 2000 Casino cash: $1158179	Employer Question If you worked at a small business. And your boss just bought a new house, and instead of working at the office, he made you help him move. Would you be pissed or happy to be out of the office? Please note: This is not packing or unpacking, this is just moving boxes and other stiff. Just seeing what I can get away with...
Posts: 17,402

04-18-2005, 02:23 PM	#65
Chiefnj MVP Join Date: Aug 2000 Location: Willis, Harris and Davis. Casino cash: $10004900	As soon as you turned your head, I'd drop every single "fragile" box multiple times. Don't be surprised when they all rifle through your wife's undergarments, take them to the bathroom and then return them to the box/drawer with a little extra something. __________________ "I always tell (the assistant coaches), 'Make it simple, 'cause I'm stupid,'" Edwards said. "This ain't computer football." Herm Edwards, 3-20-07 Q: Herm, back on December 25th you were asked if Trent Green was your starter going into next season and you said, ‘yeah, why wouldn’t he be?’ Have you changed your mind on that? EDWARDS: No, I have not.” (1-11-07)
Posts: 6,811

04-18-2005, 02:38 PM	#74
Abba-Dabba MVP Join Date: May 2001 Casino cash: $4462970	I remember a woman in Kansas having a few employees working at her house a few years ago. IIRC she faced some legal actions with it too. I don't remember the details, I just remember she had legal problems after the work had been completed at her home. I don't know if there are any labor laws against the general practice of having a employee doing menial tasks at your home or her case was just special but, I definately would check into it before headed full steam ahead with having a employee working at your home.
Posts: 18,151