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Quick Question --fired for refusing to work overtime..?? Update****

Posted by on Jan. 18, 2010 at 6:21 PM
  • 30 Replies

okay, so my DF just informed me he will be working late once again. he is supposed to be working 9-5 but was waiting for a part to come in and his boss asked him to stay and put it in (a car.) i didn't tell him he can't work late i just asked him if he's getting paid overtime for all of this time he's working when he's supposed to be off. he wouldn't answer me. which tells me that he's not getting paid for it.

he used to come home for lunch, but confessed that he gets fast food so he can work WHILE EATING! wtf?! i asked if his boss authorized all this time and apparently he's asking him to do it. he only gets 30 minutes and i don't think he should have to eat while working or eat quickly just to cut his lunch time down by 15 minutes or whatever.

so now i'm irritated because it can be an hour to nearly 3 worked after 5 on a daily basis and he told me tonight that if he refuses to work overtime--unpaid mind you--his boss will fire him.

that can't be right, can it? i know it's been a few years since working outside the home, so i may not know what i'm talking about, but can his boss fire him for refusing to work over time if he's not being paid for it?

 Update: So i talked to him when he got home and he apologized for having to work late again, but we've decided that since he's getting a raise his next pay check we'll just deal with it because he knows he's blessed to be working right now.

thanks for all the replies!

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Mom of 3 boys Aiden (4), Gavin (3) and Logan (2) Pregnant with #4! Think Pink!

by on Jan. 18, 2010 at 6:21 PM
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Replies (1-10):
MamaBloom777
by on Jan. 18, 2010 at 6:23 PM

I don't know for sure, but that doesn't sound right.  Can you look up the labor laws for your state & find out? 

That's crazy though. 

melodysmomma04
by on Jan. 18, 2010 at 6:26 PM

 Its illegal to actually even have him working without getting paid...if someone else higher up found out the boss can actually get fired....is he in a union? if so i would call the representative and talk to them about it....same goes for his lunch....as long as its an actual lunch break....good luck hun hope all turns out well!

ginger813
by on Jan. 18, 2010 at 6:28 PM

Wow, everything about that is totally illegal! 

ginger813final

Mamie_85
by Ruby Member on Jan. 18, 2010 at 6:29 PM

no, he's not in a union. he works installing AstroStarts and they do home theatre and Dish installation.

Quoting melodysmomma04:

 Its illegal to actually even have him working without getting paid...if someone else higher up found out the boss can actually get fired....is he in a union? if so i would call the representative and talk to them about it....same goes for his lunch....as long as its an actual lunch break....good luck hun hope all turns out well!


CafeMom Tickers


Mom of 3 boys Aiden (4), Gavin (3) and Logan (2) Pregnant with #4! Think Pink!

Mzpolarbear
by on Jan. 18, 2010 at 6:29 PM

Contact your states Department of Workforce Development to find out what the laws are in your state about OT.  He may be required to work OT and if he refuses there may be grounds that this could be justified termination (depends on how the company he works for has the work rules written) .  If your DF is an hourly employee is most likely, by law, due to be paid for any all hours over 40 he works in a week (some states it is any hours over 8 in a day OR 40 in a week, but most are just 40 hrs in a week).    

Not only would your DF be due back wages, if the employer is not paying OT the company could be facing steep penalities.  Wage and hour laws are pretty black and white...it sounds like this empoyer is hoping that the employees don't know their rights.  

Here is a site that should give you some info to get started...GOOD LUCK!

http://www.dol.gov/WHD/index.htm

LuvmySFSGT
by on Jan. 18, 2010 at 6:31 PM

Are you sure he is really working?

Mamie_85
by Ruby Member on Jan. 18, 2010 at 6:31 PM

Thanks for the replies, i knew that didn't sound right. i think i'm going to find the copy of his last paycheck to see if he's being paid overtime or not, if not i might have to raise hell, lol. i dont' want to be a pain to his boss, but he should be paid for his time and i wonder if he's being taken advantage of because he's the youngest guy (24) and newest guy working there.

CafeMom Tickers


Mom of 3 boys Aiden (4), Gavin (3) and Logan (2) Pregnant with #4! Think Pink!

luv_my_xiya
by on Jan. 18, 2010 at 6:31 PM

def illegal he needs to report it to the BBB i think 

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anetrnlov
by on Jan. 18, 2010 at 6:32 PM

Sounds like Walmarts work policies....but no, it isn't legal.

Actually there are HUGE workman comp issues if he is working unpaid.


TMarie84
by on Jan. 18, 2010 at 6:33 PM

you need to contact the wage & hours in your surrounding area, let them know what is going on & they will do an investigation on the business, the boss could get in some serious trouble. I had to contact wage & hours in my area and report some things in the work place, i finally ended up quitting anyway but the people that still work there said things are a lot better and the boss was under investigation.

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