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Do they have to pay him?

My SO is a cook at a small restaurant. He was scheduled to start work at 8am. He has been sitting in front of the restaurant for an hour now and nobody has shown up to open the restaurant. He has been unable to get ahold of anyone. Should he get paid for the time he is sitting there waiting?

Answer Question

Asked by Anonymous at 11:53 AM on Jul. 1, 2010 in Money & Work

Answers (11)
  • I don't think he should. Maybe a emergency came up.

    Answer by itsallabtthem84 at 11:54 AM on Jul. 1, 2010

  • I think he should, he was scheduled to work, and he showed up. Now, if they had called him and let him know not to, then no, but considering they didn't, yes he should get paid.
    That being said depending on how small it is, they still may not pay him.

    Answer by mommy11260 at 11:55 AM on Jul. 1, 2010

  • No, until he actually reports into work they are not obligated to pay him. That really sucks.

    Answer by Scuba at 11:56 AM on Jul. 1, 2010

  • If he's not working he doesn't get paid.

    Answer by SaraP1989 at 11:57 AM on Jul. 1, 2010

  • Should they? Yes, probably. But I don't think he will have any recourse to make them since they have no proof how long he has been there or anything. That really sucks.

    Answer by Bellarose0212 at 12:02 PM on Jul. 1, 2010

  • Thats a tough one. He did show up for his shift and his shift has already started. It will be interesting to see if they want him to work later then his shift to make up for their lost time! Give us an update later

    Answer by beyondhopes at 12:04 PM on Jul. 1, 2010

  • I think the only right thing to do would be to pay him. He made the effort to get to work and to get there on time, his time is valuable and should be compisated for. If I owned my own business with employees and something like that were to happen where I didn't show up to let an employee in....I would feel obligated to pay that employee for his/her time.

    Answer by kimberlyinberea at 12:04 PM on Jul. 1, 2010

  • Should they? Ethically yes. Will they? Most likely not.

    I remember my first day of work at Subway 7 years ago and I the same thing happened to me. I was scheduled at 8 am and I was there 5 minutes early. I sat in my car until 9:15 waiting for the assistant store manager and day shift manager to show up. They didn't even apologize to me and I surely didn't get paid so I lost out on an hour's worth of wages.

    Answer by kfroz0415 at 12:11 PM on Jul. 1, 2010

  • nope, no one's making him sit there, if I were him I'd leave a note under the door or something saying "was here, call me when you are so I can come back"

    Answer by DarkFaery131 at 12:13 PM on Jul. 1, 2010

  • No. If he's not clocked in they don't have to pay him anything.
    Scheduled hours are only hours you're supposed to be there. If you're not on the clock the company has no obligation to pay you.

    Answer by JazzlikeMraz at 12:14 PM on Jul. 1, 2010

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