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.
“Personal obligation.” Should be the only response anybody gives him going forward.
Bad case of anal glaucoma. I just can’t see my ass going in to work today.
It’s legal but insane. Your wife should start looking for a new job.
I have a co-worker who says her reason for the time off request is always gynecology related. Bosses never ask questions.
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.
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.
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”.
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?
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.
It’d be nice if there was a name for something like that.
Synced menstrual cycle?
“show me in my employment contract where it says I have to disclose that”
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.
We need legal advice communities
With the country built into the community name. Less confusion and wasted energy that way.
In the US, the state matters as well.
Not really, it’s a private company unless you sign a contract they can indeed make their own policies.
Within the laws of the location of the employer. That’s why state and sometimes even local laws matter.
Let me guess, you live in the U.S.
My suggestion, move away from that cesspool and towards more developed parts of the globe.
Because a server definitely has the resources to pick up and move internationally on a whim. 🙄
Well that went over your head.
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.
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.
