Wife's boss is on a power trip. Is this legal?

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.

StarkillerX42,

You should definitely provide fake answers. Make them medical and sexual in nature. “Hi boss, I’m getting a vasectomy, Bob’s going to cover my shift.” There’s nothing wrong about this, and it maximizes the chance your boss will do or say something actually illegal because it’s sexual discrimination. Colorado is an at-will state, so your employer has a ton of leeway, but discrimination is something where they still have to follow employment laws.

jballs,
@jballs@sh.itjust.works avatar

I’m thinking take it to the extreme and say you’ve got to go get an abortion (or take someone you knocked up to get an abortion). Then if they deny your request, ask them if they really want to be the next cable news headline.

ALoafOfBread, (edited )
@ALoafOfBread@lemmy.ml avatar

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.

neocamel,

My wife is of the opinion that a lot of these policies are being designed to make her work environment miserable. One of the main perks of that job is that two of her close friends also work there. The chef recently instituted a policy that the three of them are not to be scheduled on any shifts together because they “talk to each other too much”.

This shift switch approval policy is new. Before, any shift swich had to be logged in a book, with both employee’s initials. Now, the manager also needs to approve the shift change, and she’s wanting to know why the change is requested, before she decides if she thinks it’s important enough to allow.

It’s a person with .0001 oz of power, trying to get the most out of it.

donut4ever,

You shouldn’t even “find someone to cover your shift”. That’s the manager’s job. If the manager is not the owner then a call to corporate is necessary. If they’re the owner then fuck this place.

dan1101,
@dan1101@lemmy.world avatar

If you were scheduled to work it is a reasonable thing to do though.

donut4ever,

Nope, that’s why there is management. They take care of scheduling. Employees don’t need to do management’s job for them. I always call off at my job, never heard my manager tell me to find someone to cover my shift, they take care of it. This is a culture that restaurants made us think is ok, and it is not

Naminreb,

Not illegal but dumb if it’s a power trip. If the shift is covered, then the business doesn’t suffer, but there may be other things at play. For example, the day and time of the shift. If it’s during a super busy day sad you may need extra coverage.

Now, there may be other things going on, like employees constantly changing shifts at will. When I owned a restaurant, I spent an awful amount of hours figuring out shifts that were equitable. As a manager if I want to have some certainty, the constant changes by employees whom only informed me they had negotiated behind the scenes, would feel disrespectful of my time and of the time of others.

This probably has nothing to do with your wife, but everything to do with that other dude. If I had known that he had a softball game coming up, or is in a league on Saturdays, I’d have been happy to work with him to figure out a shift change. Shit like that happens. But if this guy keeps bothering other employees to get them to cover for him constantly, that would also be disrespectful of their time. Even if they agree to do it.

In other words: If that guy thinks that his softball game is more valuable than your wife’s time with you or your family, then he should look for a job that suits his lifestyle.

If your wife, on the other hand, would come t me and tell me she needed the hours, I could work with her on that.

In the long run, I agree. A personal softball game by itself, is not reason enough to miss your shift. Just like shit happens, work also happens.

And just a no without an explanation is also not valid. A good manager lets people understand their decisions.

GlitterNinja,

Interesting, I have had a nearly opposite experience in the past.

At one retail job I had, if you needed a shift off, you had to find someone else to agree to cover your shift. That was basically the whole process of getting out of a scheduled shift. Take a shift off, fine, but it was the responsibility of the worker who needed a shift covered to get that shift covered.

burntbutterbiscuits,

Meh, not going to argue but everything you are saying in your post…… it’s just wrong…. Incorrect.

At a restaurant there’s pretty much zero reason leave shouldn’t be approved with or without notice.

Why do you have sick time or vacation time if people can’t use it.

It’s none of you business why anyone needs to use their leave time, I get that that is difficult for you to understand…. But it’s none of your fucking business why anyone is using their leave time. Ever……

sylver_dragon,

The answer is going to depend on Country, State (if in the US) and locality. For a US based answer, you can contact he US Department of Labor and ask them for a real answer (certainly better than you’d get asking people on the internet). You can also contact the Department of Labor for whatever State the work is performed in.

At a guess, it’s probably legal under certain circumstances. Knowing most small businesses, the policy is probably not that nuanced.

Aesthesiaphilia,

Where I live (California) it's basically the opposite of this. The employer can deny non-medical time off, but the employer must provide a good reason, such as a workplace emergency.

Ecology8622,

If we look at it from the management side, a person covering your shift means he/she will go overtime which means more cost for the restaurant. I don’t know how big or popular this place is but if one doesn’t like the way things are going, she should file a complaint with HR or maybe look for another job.

jocanib,

Overtime in the hospitality trade?

Where?

magnetosphere,
magnetosphere avatar

What bullshit. I’d make something up every time.

Whether their request is legal or not, my personal life isn’t my employer’s business, and certainly doesn’t revolve around their “approval”.

kava,

Of course it’s legal. Why wouldn’t it be?

She should approach it by either following the stupid rules or finding a new job

jocanib,

Of course it’s legal. Why wouldn’t it be?

I’m assuming you’re USian?

The question almost anywhere else in the wealthy world is why would it be legal? The manager does not need to know therefore the manager has no right to ask.

sphericth0r,

No that's the case in the US too. I never ask why my employee wants time off, I don't need to know any more about their personal lives, they tell me too much already...

kava,

Yes I’m in the US and I gave US-centric advice because OP is in US.

We all know US has shit labor laws. Although to be fair, I think in this scenario it would work the same way in ny home country of Brazil. When you want to switch you’re essentially saying “I’m not showing up to my shift”

I’m not sure in what country that isn’t insubordination and isn’t subject to legal penalties by the employer.

jocanib,

When you want to switch you’re essentially saying “I’m not showing up to my shift”

Do you understand what a “switch” is?

kava,

I’m thinking you don’t. “I’m not showing up to my shift but I have someone to cover for me” is still “I’m not showing up to my shift”

jocanib,

No it isn’t. But you know that.

kava,

Question. Are you physically present at the job site when you get someone to cover for you?

SmokeInFog,
@SmokeInFog@midwest.social avatar

This is perfect for /c/Antiwork, do you mind if I cross post this?

neocamel,

Go for it!

Maerman, (edited )

I don’t live in the US, so I cannot comment on the legality of this. However, I will advise an informal policy of malicious compliance. If the manager asks why someone needs to take a day off, that someone should reply with incredibly graphic medical issues, whether real or fake. Think ‘I’m shitting blood and I need to see a doctor,’ or something like that. Keep it up for a few months and see how management responds.

burntbutterbiscuits,

My intestines backed up and every so often I need to cough up a loogi of chunky diarrhea

Fennario,

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

zalack, (edited )
zalack avatar

I'm not sure it would be legal if they were forced to reveal medical information.

atzanteol,

Christ are we going to be having “hippa”(sic) arguments again?

You can refuse to answer - I sure would. Or just say you have an appointment. Being asked is not illegal.

Then I assume the jerk will just deny your request.

ryathal,

People think hippa is magical medical privacy. It has fuck all to do with telling your manager anything. It only applies to medical professionals or those who may see your records as part of their job. If your manager also processes insurance claims, then it applies, otherwise it’s not different than telling a neighbor.

zalack,
zalack avatar

Right, but if you're request for denied for something medically necessary unless you revealed it, you went anyway (because it's necessary), and then you got fired... That feels like it shouldn't be legal (obviously that doesn't mean that it isn't).

atzanteol,

It’s up to you to reveal it or not. It’s not a “request” if it can’t be denied.

Ghostalmedia, (edited )
@Ghostalmedia@lemmy.world avatar

That would be a violation, but it is perfectly m legal to ask if someone is going on generic “sick” or “medical” time off or leave. Every company I’ve ever worked for has had be declare my PTO as sick leave or discretionary time off. And the latter is what it means, it’s at the discretion of the manager to approve it.

zalack,
zalack avatar

Sure, but that assumes this manager would be happy with generic "medical stuff" as an answer...

Ghostalmedia,
@Ghostalmedia@lemmy.world avatar

Worst comes to worst, they could ask for a doctor’s note. And doctors notes are always pretty generic and basically say “yup, they can’t work.” But if the manager does ask for Dr’s notes, they need to apply the policy equally to all employees.

It’s usually a HIPAA violation if an employer asks for specifics about a medical issue.

Source: I’m a people manager who has had to go through a bunch of trainings about these laws.

Slatlun,

Sorry but most restaurant work doesn’t come with paid time off or sick leave. You either work and get paid or don’t work and don’t get paid.

Ghostalmedia,
@Ghostalmedia@lemmy.world avatar

Correct, non sick leave is usually considered discretionary time off; meaning, it’s at the discretion of the manager to approve it.

That said, this manager sounds like a nut job. It’s legal to be a hard ass, but people don’t have to remain working for you.

neocamel,

I see what you’re saying, but we’re not talking about requesting a paid personal day. We’re talking about having you’re shift covered by another person, and having that denied because management doesn’t like the reason you want the shift covered.

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