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Does the Grandfather Clause apply to this?

When I had my son a couple years ago, the company I worked for offered to let me work from home. So I jumped on that because they agreed to work with me on my schedule because I'd be taking care of my baby. But then they got a new manager and told me I would need to put my son in day care and also the baby I'm pregnant with now. And of course, they are not flexible with my schedule anymore. I don't anything about legal stuff, so is there anyway I could argue this with them? On side note, I am INCREDIBLY THANKFUL that I get to work from home! So don't think I'm being ungrateful. I just don't want my kids in daycare full time, that's why I agreed to work from home in the first place.

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Asked by Anonymous at 12:02 PM on Feb. 4, 2010 in Money & Work

Answers (7)
  • OP here - that should say "I don't know anything about legal stuff..."

    Answer by Anonymous at 12:05 PM on Feb. 4, 2010

  • Consult a workers' compensation attorney -- discuss that you entered an oral agreement, and it is now being rescinded, and see what you can do about it.

    Answer by Anonymous at 12:07 PM on Feb. 4, 2010

  • It is not called arguing. It is called negotiating. Unless you have a union type contract all employmentis at will which means they can fire you for no reason at any time. But you need to point out to them how it is to their advantage to keep you.  They might be able to get tax credits from your locality for keeping you off the roads.  You might have some special skill that would be hard to replace.  You might be capable of working evenings to finish something that absolutely must be on the client's desk by 8am while a normal worker would be hitting the door at 5 pm finished or not.  Sorry I can't help you more with the logic of it all.  But unless you have a union type contract there is no Grandfather clause to fall back on.  I hope you are able to convince the right person and continue to work at home.


    Answer by Anonymous at 12:21 PM on Feb. 4, 2010

  • You are going to have to prepare yourself as if you are interviewing for your job with the new manager. You have to show your results and not lead with what is convenient for you. They don't care about you. They want results. If you can prove you have been an excellent employee and show concrete examples they will listen. Asking them to change their rules will probably get you fired for insubordination.

    Answer by Anonymous at 12:35 PM on Feb. 4, 2010

  • I don't think it would be grandfathered in bc of the change of management. You could ask a family law attorney or a contract attorney. Just call and see if they give free consults.

    Answer by admckenzie at 12:36 PM on Feb. 4, 2010

  • I don't know if you can pull that off or not, but I'm leaning towards no. Employeers are allowed to change their rules at any time.

    Answer by Anonymous at 4:43 PM on Feb. 4, 2010

  • They have a right to change the schedule as they see fit. It's your job to work and if you can't do the hours they want you to your choice is then to get a job with a more flexible schedule. You cannot tell an employer that they can't change the hours because it's their business. All you can do is talk to them about the original plan and see if things can be worked out.It's unreasonable to think that they have to work around your schedule especially since they have new management that may run things differently.


    Answer by Anonymous at 6:13 AM on Feb. 6, 2010

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