View Full Version : Employment Legal question
funkfool
05-05-2010, 14:56
Ok - haven't had time to look this up properly - thought I'd see if anyone had any knowledge or experience in this...
The wife got her review today... all was well till the end when the boss suddenly announced she was being written up for 'internet surfing'.
I know she doesn't surf a lot - (not like some of us - [Neene3]
Also - she was told that if she went on the internet she woud be fired.
This is not a company wide thing - just her.
Also - instead of working like 7 - 3:30 or till she got done.. sometimes till 5 -
Her hours are now set in stone 8 till 4:30 - no exceptions - and she is NOT allowed to make AMY personal appointments during those hours except her lunch.
Question:
Company policies must pertain to all employees with a dept/group/etc?
Also - sounds to me like they want her to quit... hostile work environment?
iamhunter
05-05-2010, 15:30
No policies can be applied to a single person, although that is fairly atypical.
It sounds like maybe they aren't happy with your wife's performance (not saying thats necessarily true, just what it seems like)
There's not really a good argument for hostile work environment either if those are the only changes going into effect.
No personal appointments during work hours,
set hours,
no internet surfing.
That sounds like MOST of my jobs, and seems like they are cutting down on time-wasting (probably due to the economy).
funkfool
05-05-2010, 15:33
She recently got a new boss - difficult and snarky woman that one.
iamhunter
05-05-2010, 15:40
if the new boss was that way from the get go, then I'd warrant to say its nothing personal, and they're not trying to make her quit,
the boss is probably just difficult and annoying (like many bosses).
So I feel bad for your wife, but other than try and make the best of it, if she's really unhappy with the company, maybe she should start to (discreetly) look for a different employer.
CrufflerSteve
05-05-2010, 15:44
Is there an employee handbook? I work for a small company and we have one. Many companies have policies like official office hours which are often ignored.
When I've had to deal with a difficult boss I've made sure everything is in email and copied to as many people as I can get away from.
If the new boss is really after your wife this could be the first move. It requires a paper trail to fire someone without being successfully sued. It's a lousy time to look but it might be time for her to start seeing what jobs are out there.
Steve
having been recently fired for being white, my advice to her is to act or she will be acted upon.
Surf the net at my business or schedule a personal appointment on my time without prior approval and expect to get paid for it...and you are gone. I am continually astounded at how many people think they should be paid to screw around or take care of personal business. Money is very hard to make in any economy, and employees who aren't productive aren't worth paying.
To the OP, that wasn't directed at your wife. She may well be an exemplary employee and her boss may well have a problem with her not based on her performance. There was a sense from some of the responses you got that employers owed employees free time while they are on the clock, and that crap pisses me off.
GreenScoutII
05-05-2010, 21:16
It's my understanding that in Colorado, employment is "at will". In other words, either party can terminate employment at any time, with or without reason.
Also, it seems like in this economy a lot of employers are are really taking advantage of the fact that jobs are hard to come by right now and employees, knowing this, are more likely to put up with it. Once the economy comes back around I'll bet her employer is singing a different tune.
Tis a right to work state unless you have a specific labor contract in place. Recourse is to do it the way they ask, work the hours they require and nothing more and stay off the net.
I would also reguest them to provide any record they have so she can verify it is correct. You would be surprised the backgroud data transfer that can take place just by leaving a site open. She might find she has something going on that she did not expect.
Might also be the new boss has and issue, if so called her on details and put her on guard might help.
She needs to review her contact for her employement conditions.
Also there should be company policies in place regarding work times, personal time, interenet etc. which should be reviewed.
Whilst policies can be applied to individuals it is an unusual practice and it should come as no suprise to an individual as they should have already been made aware of the situation.
The new boss may be on a power trip or may be a PITA!
What I would recommend is keeping a journal of these communications.
Also try to have everything in email!
68Charger
05-06-2010, 10:48
aka salary or hourly..
a salaried employee cannot have a specific start or end time, nor set work hours (i.e. minimum # of hours per week)
that said, employers seem break this rule as often as contractor vs employee guidelines...
If she isn't on some sort of official (i.e. paper documentation signed by all parties) coaching or improvement plan, then I don't think they would keep all these restrictions on her if everyone else knew about it. Corporate is a big fan of separating people and telling them that everyone is under the same rules.
funkfool
05-06-2010, 11:51
Surf the net at my business or schedule a personal appointment on my time without prior approval and expect to get paid for it...and you are gone. I am continually astounded at how many people think they should be paid to screw around or take care of personal business. Money is very hard to make in any economy, and employees who aren't productive aren't worth paying.
To the OP, that wasn't directed at your wife. She may well be an exemplary employee and her boss may well have a problem with her not based on her performance. There was a sense from some of the responses you got that employers owed employees free time while they are on the clock, and that crap pisses me off.
Understood.
She makes dentist/dr. appts - but clocks out to go to them.
No 'on the clock' appts.
However - she does do some surfing - but she does use the internet for her job as well.
IDK how much - I'm sure it isn't as much as me!
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