Possible wronging at work, advice??

Discussion in 'General Baptist Discussions' started by zrs6v4, Nov 17, 2009.

  1. zrs6v4

    zrs6v4
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    Ok I'm not sure where to begin, but I have been working for a Limousine Company for 4 years now cleaning their Limos. I think it is a great job and I really cant complain. Recently with the economy they have been doing really bad and missed a few bills, etc... Stress levels are getting pretty high as you can imagine, it is not a Christ centered environment, and so forth. I work with another guy my age and we both get paid $10 an hour. We do our work and yes I admit we do make mistakes :). Anyway in this work environment there is honestly poor management and very bad communication. There is basically two office ladies booking runs, the owner who stays silent, the mechanic, and us. There are about 20 drivers in and out with delusional expectations along with everyone having delusional views of how the company would be best for themselves. And I being a sinner, am not excused although I am attempting to see and fight this part. So with that said there are a lot of cloudy complaints given to the owner who doesnt see things. For example if someone is in a bad mood and sees me on the phone, then its "Zach talks on the phone all day everyday". haha... Im sure this isnt abnormal. Anyway, up to this point I think we can all say that this is how it is in the workplace..

    So here is my situation that is going on-

    For the past 4 years I have done the normal clock in in the morning and clock out in the evening routine. Today, I went to work and was told that I am no longer going to do it this way. I will now have to make a new style time sheet which states that I clock in only when I am doing "work". So when I begin cleaning a limo I clock in, and when I finish I clock out, and on and on for the entire day. This way when I get into a conversation or take a lunch, etc... Im off the clock..

    Is this even legal?

    It seems to me they should only have the ladies in the office when on the clock, or the mechanic when he is working on a car? From my perspective we all should be on this type of schedule...

    I do not want to throw out the fair card, saying it isnt fair, but I am simply wondering if I could refuse this if it is not legal...

    Anyway I will stop here, but I thought I might get some good advice on how to approach the situation.. thanks
     
  2. Mexdeaf

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    This won't be much help, but- I'd start hitting the pavement for a new job. Likely you're headed that way anyway.
     
  3. canadyjd

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    The owner can pretty much do what he wants concerning scheduling. Fortunately, you have other options.

    Enroll in vo-tech and become an electrician.

    peace to you:praying:
     
  4. saturneptune

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    I am not really sure this is in the correct section, but I will give it a shot. FLSA covers almost all businesses, and probably yours. However, the law covers minimum wage, working conditions, safety, overtime and such issues as that. You are describing a change where you clock in and out while actually performing work instead of a set time every day. Unless you are a governmental agency at some level, or your company is covered by a union contract, or it is a larger corporation covered by some type of company policy, an owner in that area, especially of a small, local business, can run the organization as he pleases.

    For example, Walmart has no union, but company policy would not allow a cashier to clock in and out every time a customer came up. Instead, between customers he has other duties, not talking on the phone. Unionized companies would never allow such. Most places do not. However, he has that right. I would suggest finding something else. If they are that strapped for money, it is not a good sign.
     
    #4 saturneptune, Nov 17, 2009
    Last edited by a moderator: Nov 17, 2009
  5. Deacon

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  6. zrs6v4

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    My big thing is that I dont want to quit because I know I wont be able to recieve unemployment, now on the other hand I don't want to stay and work in that very chaotic way. My job extends to many other things such as laundry, scheduling for limos, cleaning glasses, and so forth. My daily hourly would be 5 minutes here and 5 minutes there if I continued (I may be blowing it out of proportion a little). I am really wanting to find a substitute teaching job at a school, so I guess this is the encouragement I needed.
     
  7. StefanM

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    Ask this: "Am I required to remain on the premises when I am not clocked in?"

    If the answer is yes, then he should be paying for this time, IMO. If you are not working, he has no control over you.

    I'm no lawyer, but this seems VERY fishy.
     
  8. StefanM

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    This is not true. An employer cannot require an employee to remain on the premises when clocked out. If the employer wants the employee to remain present to work, he should be compensating the employee for that time.
     
  9. saturneptune

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    That may be technically correct. It is also technically correct he could send him home numerous times and return to work. Without a contract, nothing much can be done. Now, in the real world, you are right, they cannot require him to stay on site without pay. However, if he goes against the flow, they will find another reason. Common sense will always win over technical issues.
     
  10. John Toppass

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    One thing that is in your favor if they have drastically changed your job requirements after four years then you would be eligible for unemployment and if your employer has not been paying that would not bid them well.
     
  11. windcatcher

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    Another thing...... you may want to check to see if there is any truth to the possible 'beef' your employer may have concerning the questio of your work and paid time. If a car is waiting to be cleaned or your taking a personal call instead of holding it for a break time or lunch time.... then, even if its not true that 'you're on the phone all day' .......it may seem so to your employer. People/ co-workers will sometimes use what seems like the lameest excuse to cast doubt on another to scape goat their own laziness....... and someone may be doing this to you. Work and look for things to do to be helpful when on company time and enjoy your break time when scheduled. Taking a short time with a time sheet may be helpful both for you and your employer: It may help you be more conscious as to how you spend your time and prove yourself if he had doubts. It may also show him a schedule of inefficiencies and cyclic demands which helps him to schedule or position staff where they are most needed. While it doesn't hurt to look for something as good, or better or more stable, in a time of large unemployment, it is also wise to consider the value of a job one has against the difficulty of finding that next job..... and doing whatever it takes to show your cooperation, your value, and generally pleasant and good attitude to your employer.

    Just saying ........ keep the 2 cents. Hope all works out well for you.
     
  12. Aaron

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    Your boss is basically saying he's not paying you to be idle. Accept it, and between cleanings find other things to do that will serve your employer. Turn your phone off, clean up and organize the premises, assist the mechanics, etc. Just stay busy.
     
  13. Johnv

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    That's the law. The DOL defines hours work as including "... the time during which an employee is required to be on the employer’s premises...". You should be clocking in when you start work, then working continuously until lunch, clocking out for lunch, clocking in after lunch, and working until the end of your shift, at which time you clock out. You don't clock out for mandatory breaks, since they're required to pay you for them. You should be clocking out for lunch, but in between duties, you shouldn't be clocking out. That's not legal, because it sounds like you're still required to be on duty.

    That said, however, if you're on the clock, you should be doing something. If you're not, find something to do that benefits the company: clean the cars, sweep the premesis, etc. If someone is complaining that you're on yoru personal phone, there's an easy remedy. Don't talk on you're personal phone when you're on the clock. This is actually a common way tha temployees steal time from their workplaces, and it has unfortunately become very accepted.
     
    #13 Johnv, Nov 18, 2009
    Last edited by a moderator: Nov 18, 2009
  14. zrs6v4

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    There have been a lot of good points and thanks for all the help and advice. I have been thinking of it a little and although I don't necessarily agree with this decision they made, I am going to submit and try to make it work. I have been looking for a sub-teaching job so I will continue that and try to make peace. I think it is clearly the right thing to do.

    I think you are right, and this is what I was thinking to some degree before I read your post.
     
  15. Rubato 1

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    Have you considered blackmail?


    Ok, bad idea.
     
  16. Salty

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    Normally you only get unemployment if you are fired without cause - ie laid off. But then again depends what your State or Commonwealth laws are.

    Then again - bring your cell phone with you and during your "clock-out times", be calling prospective employers!

    Sgt Salty
    ps have you thought about the Army? if you don't want to be in the military you could try the Air Force.
     
  17. Peggy

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    That is a strange requirement. It seems as though if there is only enough work for 4 hours (for example) then they should pay you for 4 straight hours then go home. Same with 8. But clocking in and out when you have "something to do" doesn't seem kosher.

    Your employer is generally required to give you breaks, including a lunch break, which are off the clock.

    I'd look for better work.
     
  18. Salty

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    All those vehicles may be on the road at different times during the day. But he needs to be available when the limos, do come in because, they need to be cleaned ASAP as they may need to be on another job.

    My next thought is that there should be other responsibilities that ZRS (may I call you Z?) would be able to do around the garage - even things like office clean up, file papers, ect.

    But I would not work under those conditions.

    Salty
     
  19. windcatcher

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    Possibly relative to this ...... what seems to you like an unusual request to you.... was an experience I had for the first several years after I started working in psych rehab hospital: All staff were expected to fill out a weekly time sheet: On mine I had to show how much time I spent doing treatments, vital signs, monitoring day room interactions and behaviors, leading activities, one-to-ones with patients, attending treatment teams and developing treatment interventions, charting, transporting clients, attending in-services, taking shift report, meal observations, attending activities of daily living ..... shaping/ step-training personal care, room care, hygiene. laundry, marketing and chaperoning group trips, scheduling, inventories, orientation, staff teaching, staff meals and break times, days off...... Yes, it was a pain. Almost everything which was possible to do was broken down into categories and the recording sheet had a day by day columns into which I had to fit staff activity codes and time which should total 8 hours for each completed shift and 40 for each completed week.

    Exactly what the purpose of this was...... I was never told..... but, since our program depended upon state funding and in 1980 was relatively new.... I feel sure some of the data was being accumulated to judge staff efficiencies... and make comparible data of the expense of the program to successful patient rehabilitation outcomes and successful placement in the community and independant environments or less intensive care.

    The point is, following the use of time can be a way of accessing an individuals productivity... but can also demonstrate problems in staffing... or under utilization of staff because of failure to cross train into other areas in which staff can take up the slack of unassigned or understaffed needs.

    The hardest part is keeping a positive view...... and keeping a positive attitude..... even if subjected to critical outcomes. There are different priorities in various assignments.... so in a position as yours where keeping the limos clean and ready for appointments..... this would most likely be your main priority..... which comes before sweeping floors or answering another's phone or taking an appointment during their break...but if time is not critical in that instance... then covering for another during their break.... if this is your boss's expectation.... may be expected as a part of 'team work'.

    Another thing..... I found that if I was experiencing opposition from someone.... or maybe something which I couldn't identify.... it was always helpful for me to pray about it..... and to pray for those who were my superiors and in a position to judge my work. If I encountered a person who seemed to be at enmity .......then praying earnestly for them was also a great help..... First of all, it required me to be honest with God. Second, it opened me up to receive from him the truth about myself and my own inadequacies which I might have denied and needed to change... Thirdly, it opened me up to a willingness to see the other person with needs of their own... which I might or might not be able to identify with.... but which were important to them.... and to deal with them more kindly, or with greater patience, or with less fear and defensiveness..... and fourthly, prayer reminded me that in my work for my employer.... I was a witness.... if I did that which was required in my job, with joy, as unto the Lord.

    Please don't flatter me by thinking I'm such a 'good' person. I'm not. My experience in life is really quite average and ordinary..... But, i think, we often have the opportunities to read and reflect on the scriptures, Study a SS lesson, meet with a prayer group, sing a few songs, and hear someone preach.... but our lives are so busy.... we have little occassion to relate and share with others some of the ways our problems, our personal battles, our victories may have been similiar.... and gain strength in the body of Christ to know... not only are we not alone.... because each of us have Jesus.... but we are not alone because, in many ways, we do share similar struggles and can encourage each other through the work of grace and faith Jesus has given us.
     
  20. THEOLDMAN

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    :laugh::laugh::laugh:
     

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