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-   -   Question of legallity of bosses actions? (https://www.chiefsplanet.com/BB/showthread.php?t=135955)

Bigwigbob 02-18-2006 09:36 PM

Question of legallity of bosses actions?
 
I work at a small cafe in an even smaller town. Thursday nigt the boss asked me to wrap potatoes in aluminum foil to bake the next day. I got to doing other things and completly spaced out the potatoes. The next day when I came in the boss had docked me an hour for "not getting all my work done". Can she legally do this and if she cannot does anyone know where I should turn her in to?

Bowser 02-18-2006 09:38 PM

You don't live in King City, do you?


And as for the other, I'm not sure, but just stay on the clock an hour later sometime during the week.

Skip Towne 02-18-2006 09:42 PM

Do you have a contract? Are you a union member? If the answer to these questions are no then she can do pretty much what she wants. You are what is called an "at will" employee. In other words you are a POS with no rights.

Dunit35 02-18-2006 09:42 PM

That's not cool. But check this out. My brother is getting ready to get out of a job that didn't pay overtime and had no benefits. Lets say he worked 50 hours one week. He would only get paid for 40 and they would take the extra 10 hours and store them away for a sick day or maybe a day he left early. That's so illegal. Anything past 40 is overtime of course but the boss is trying to cheat the system by doing this.

luv 02-18-2006 10:07 PM

Quote:

Originally Posted by Skip Towne
Do you have a contract? Are you a union member? If the answer to these questions are no then she can do pretty much what she wants. You are what is called an "at will" employee. In other words you are a POS with no rights.

I thought "at will" had to do with firing/quitting. An employer can terminate your employment without reason as long as they don't say something like it's because you're female, black, too old, or one of the other protected classes. On the other side of the coin, you have the right to quit for no reason without notice.

I wouldn't think it would be right to dock his pay for not doing the chore, though. Maybe right him up for lack of attention to job responsibilities or something. Does she own the cafe? Do you have the paperwork proving the hours you worked and the check stub showing the lack of pay for the hours you worked? Can you go above her head? If not, even though I don't think it's right, I think you're just screwed.

Bigwigbob 02-18-2006 10:29 PM

She ownes the place. I told her it was illegal to do that and she gave me the hour back. I had no idea if it was or not. She has done it to others who have worked there and the bitch is like a 3 year old on a power trip

Iowanian 02-18-2006 10:31 PM

Do the job as the boss tells you, accept the consequences when you don't...or get a new job that requires a hair net.

JBucc 02-18-2006 10:31 PM

Is she hot?



If it's yes or no my advice is fukc the bitch

cdcox 02-18-2006 10:33 PM

Quote:

Originally Posted by Bigwigbob
She ownes the place. I told her it was illegal to do that and she gave me the hour back. I had no idea if it was or not. She has done it to others who have worked there and the bitch is like a 3 year old on a power trip

Yes it is illegal. There is a government agency that monitors this stuff (labor board). Rep to you to standing up to her.

milkman 02-18-2006 10:36 PM

Quote:

Originally Posted by Iowanian
Do the job as the boss tells you, accept the consequences when you don't...or get a new job that requires a hair net.

I believe he IS working a job that requires a hair net.

Skip Towne 02-18-2006 10:38 PM

No, Luv, "at will" means you do what the employer asks "at their will". There are limits though. They have to abide by state and federal laws. And they can fire you for no reason "at their will".

luv 02-18-2006 10:42 PM

Quote:

Originally Posted by Skip Towne
No, Luv, "at will" means you do what the employer asks "at their will". There are limits though. They have to abide by state and federal laws. And they can fire you for no reason "at their will".

Ummm...that's kinda what I meant when I said they could fire you for no reason as long as they didn't mention it being because you're a woman, black, too old, etc. Those classes are federally protected.

Also, did you know that you can break an employer's attendance policy, get fired for it, and still collect unemployment? In most cases, they will give it to you as long as you properly notified your employer before being late or absent on every occurence.

listopencil 02-18-2006 10:47 PM

Quote:

Originally Posted by Skip Towne
Do you have a contract? Are you a union member? If the answer to these questions are no then she can do pretty much what she wants. You are what is called an "at will" employee. In other words you are a POS with no rights.


Bullshit. If you're an hourly employee you can't be docked pay for a disciplinary reason last time I checked.

listopencil 02-18-2006 10:51 PM

Quote:

Originally Posted by Bigwigbob
I work at a small cafe in an even smaller town. Thursday nigt the boss asked me to wrap potatoes in aluminum foil to bake the next day. I got to doing other things and completly spaced out the potatoes. The next day when I came in the boss had docked me an hour for "not getting all my work done". Can she legally do this and if she cannot does anyone know where I should turn her in to?



Call the office of the Labor Commissioner of your state. It should be in your phonebook under state government listings. As far as I know, if you are an hourly employee you must be paid for time worked or your employer gets a fine and has to pay you back. This may be a People's Republic Of California thing, but if my boss told me that I'd tell him to kiss my fat hairy ass. To his face. In those words.

ChiefsFanatic 02-18-2006 10:53 PM

Quote:

Originally Posted by Skip Towne
Do you have a contract? Are you a union member? If the answer to these questions are no then she can do pretty much what she wants. You are what is called an "at will" employee. In other words you are a POS with no rights.

As Wal-Mart and Best Buy will attest, you must be paid for every minute, much less every hour, worked on the clock.


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