• littletranspunk@lemmus.org
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    5 months ago

    On call rules AND on call pay, or STFU. Your staffing problem isn’t my problem and I can contact legal authorities if you do write me up for having my phone off or just not coming in.

    • MadBigote@lemmy.world
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      5 months ago

      Some some people may not believe this shit is actually ilegal in mexico. There’s a limited list of cases where firing an employee is actually justified, without obligations for the employer. Otherwise you’re entitled to a 3month compensation.

      There are, of course, employers who decide to challenge this and drag payments, but still…

      • SuddenDownpour@sh.itjust.works
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        5 months ago

        There’s a very large difference between something being illegal and the crime being enforced, but legally recognizing that it’s illegal goes a long way, even if only because people radicalize easily when they see the boss/company owner blatantly committing crimes.

  • Frank Ring@lemmy.world
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    5 months ago

    Your employer wants you to be in a mindset of scarcity and fear.

    That way, he can have leverage over you and easily control you.

    You should never allow it.

    If you’re being intimidated for termination, look for another job and make it easier for him to fire you.

    Show him that have options and don’t care.

    • Ragnarok314159@sopuli.xyz
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      5 months ago

      I got a job at Subway when leaving the army, mostly out of boredom. Told them the only day I cannot come in is Thursdays, that’s when I go into the VA for my deployment issues. Put that is writing, got hired. They also had something like this where you have to always be on call. They called my on Thursday in the middle of a counseling session, so on Friday I was fired.

      Turns out, the FAFO is strong with this one. The VA asked if I put it in writing, “Yes, here is the email”. Several weeks later the fine leveraged against the owner was so high she had to sell the business. She called me, asking when I am coming back in (I could tell it was being recorded, could hear the static) and I laughed and told her you can’t record me, and you fired me, then hung up.

      Turns out shitcanning veterans who just got back from a deployment during the height of “we all love Murica!” gets you zero sympathy from anyone.

        • Ragnarok314159@sopuli.xyz
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          5 months ago

          I am fine now. This was a while ago. But thank you for the concern, it is appreciated. I dropped my apron on the floor when leaving and did a “well…bye”.

          The manager said to pick it up.

          “I don’t work here”

    • You999@sh.itjust.works
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      5 months ago

      This is incorrect in most states.

      Employers can require an employee to be “on-call” and available to work on an emergency or as-needed basis. Employers are generally not required to pay employees who are “on-call,” unless the employee is actually called to duty. However, if an employer places significant restrictions on how an employee spends their time while on-call, this time may need to be compensated as hours worked.

      The tenth circuit of appeals came up with this test to determine if the employers restriction constitutes on call hours as hours worked.

      Where the employee is not required to remain on the employer’s premises, the critical inquiry is whether the employee is able to use the time effectively for his or her own purposes. Here, the report requirement necessarily entailed that the employee could not drink alcohol, must be able to dress in uniform, and must be able to travel to the airport, park, and pass through security within one hour of a call. She was not able to make or attend doctors’ appointments for herself or her children, do her weekly shopping, nor go on field trips with her children. The court compared these circumstances with many FLSA cases presenting similar, or even more restrictive, circumstances involving availability by pager, inability to drink alcohol, and ability to report within 30 minutes or one hour. In the FLSA cases, it was determined that the employees’ activities were not so curtailed as to require the on-call time to be considered compensable working time. The court followed this precedent.

  • LoamImprovement@beehaw.org
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    5 months ago

    Sounds like the company needs to increase its bus factor. Luckily, I can help the company by not doing any of this nonsense, to pressure execs into hiring more staff so that the team is robust enough to weather a catastrophe.