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submitted 1 year ago by neocamel@lemmy.studio to c/asklemmy@lemmy.ml

My wife works in a restaurant, and the power-tripping manager has instituted a new policy where all shift changes must be approved by management. I think that is reasonable enough, but they're also asking the originally-scheduled employee why they are switching shifts, then approving or denying based on the answer.

For example, her coworker (Tom) wanted Monday afternoon off, and Harry agreed to cover the shift. The manager asked Tom why he wanted Harry to work for him, and Tom said, "I have a softball game." Manager denied the shift change because it was "unnecessary".

Is this legal? I feel like if you're able to find someone to cover your shift, you don't owe management any explanation why you need the time off. How should my wife approach this situation? Colorado, USA BTW.

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[-] smokin_shinobi@lemmy.world 3 points 1 year ago

“Personal obligation.” Should be the only response anybody gives him going forward.

[-] Uniquitous@lemmy.one 2 points 1 year ago

Bad case of anal glaucoma. I just can't see my ass going in to work today.

[-] Fennario@lemmy.world 1 points 1 year ago

It’s legal but insane. Your wife should start looking for a new job.

[-] ImplyingImplications@lemmy.ca 1 points 1 year ago

I have a co-worker who says her reason for the time off request is always gynecology related. Bosses never ask questions.

[-] ALoafOfBread@lemmy.ml 1 points 1 year ago* (last edited 1 year ago)

A lot of incorrect answers here as to the legality - this is not a blanket 100% definitely legal situation. In the US, the boss can certainly ask why. But, if he denies leave for something that is discriminatory then that is an adverse employment action under Title VII of the Civil Rights Act if they employ at least 15 employees.

For instance, if he doesn't allow leave to someone to observe a religious holiday, but allows others to go on leave under similar circumstances, that could be illegal.

A lot of things could be discriminatory. Its stupid of him to ask for specifics beyond medical vs personal.

[-] meteorswarm@beehaw.org 0 points 1 year ago

One way you might resolve this is to get everybody talking about it without the boss there. I bet nobody likes the policy. Maybe everyone would agree to not give a reason, or to give the same reason that is an obvious lie?

[-] InputZero@lemmy.ml 0 points 1 year ago

Everyone should always say 'its because I'm on my period.' Men and post menopausal women too. It could be great, if the first few times the younger women use the line it works. Then whenever someone who doesn't have menses uses it, everyone unites together and puts a little bit of their labor to helping a coworker. It'd be nice if there was a name for something like that.

[-] _cerpin_taxt_@lemmy.world -1 points 1 year ago

It'd be nice if there was a name for something like that.

Synced menstrual cycle?

[-] ristoril_zip@lemmy.zip 0 points 1 year ago

"show me in my employment contract where it says I have to disclose that"

[-] acunasdaddy@lemmy.world 0 points 1 year ago

If this is in the US employment contracts are virtually nonexistent.

If a policy doesn’t discriminate against a protected class, it’s pretty much legal. Your recourse is to find another job.

[-] SturgiesYrFase@lemmy.ml 0 points 1 year ago

We need legal advice communities

[-] APassenger@lemmy.one -1 points 1 year ago

With the country built into the community name. Less confusion and wasted energy that way.

In the US, the state matters as well.

[-] Madison420@lemmy.world 0 points 1 year ago

Not really, it's a private company unless you sign a contract they can indeed make their own policies.

[-] Trebach@kbin.social 1 points 1 year ago

Within the laws of the location of the employer. That's why state and sometimes even local laws matter.

I think I would simply comply, maliciously.

What's my reason? I'm going on a journey in alignment with my religion. Try telling me I can't follow my religious beliefs on the record.

[-] intensely_human@lemm.ee 0 points 1 year ago

I work retail and have tuesdays off for my men’s group, which takes 7 hours out of my day once travel is taken into account.

A coworker advised me that if management ever asks about why I need tuesdays off, I should just say “It’s religious”.

this post was submitted on 19 Jul 2023
2 points (100.0% liked)

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