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Posted: 2/27/2017 2:54:06 PM EDT
I work in EMS.  24hour shifts, 48 hours off.  Recently, I got off shift and was called a few hours later and told to report back to work because someone had to go home sick.  I refused to come back in as there is nothing in our policy about being on call our first day off.  Well, I was written up and given 2 shifts off without pay.  No explanation or reference to our policy was given.  When asked about the legalities, they responded with "I'll have to get back to you on that".  So they don't even know if it's legal and I can't find any information on it.  Does anyone here work for an agency with a policy on this?  Seems like they would have to pay us to be on call if we could be required to return to work without notice.
Link Posted: 2/27/2017 3:12:03 PM EDT
[#1]
Contact the dept of labor? The fact that you got two shifts without pay seems really sketchy. The whole thing is sketchy OP.

Good Luck
Link Posted: 2/27/2017 3:41:11 PM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Contact the dept of labor? The fact that you got two shifts without pay seems really sketchy. The whole thing is sketchy OP.

Good Luck
View Quote


I agree, very sketchy.  I have 12 years in with this agency with no previous disciplinary action.
Link Posted: 2/28/2017 1:14:13 AM EDT
[#3]
Do you work public or private? If you work private in an "at will" state it's tough shit. You told your boss no. They can act as they see fit. How well do you know your companies policies and procedures and do you have an employees handbook spelling out the staffing procedures? Why didn't you want to work? We had a force hire policy and unless you were dying you had to show up. At one point last year when manpower was so short the policies went out the window and any body they could see could be forced.
Link Posted: 2/28/2017 3:32:54 AM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Do you work public or private? If you work private in an "at will" state it's tough shit. You told your boss no. They can act as they see fit. How well do you know your companies policies and procedures and do you have an employees handbook spelling out the staffing procedures? Why didn't you want to work? We had a force hire policy and unless you were dying you had to show up. At one point last year when manpower was so short the policies went out the window and any body they could see could be forced.
View Quote


It's a county government run agency in an at will state.  There is absolutely nothing in our policy even close to covering this.  It's not that I didn't want to work, we homeschool our kids and my wife had left for work before I got home so my 10 and 12 year old boys were home by themselves.  I couldn't just leave them there until 6:30 alone.
Link Posted: 2/28/2017 3:44:27 AM EDT
[#5]
While it sounds like your boss is a jerk, it doesn't sound like they broke any employment laws that I'm aware of. If they told you to work 2 shifts without pay, you would have something. I would demand to see the policy that allowed them to do this to you.

Are you hourly or salary? Did you tell them that you had children at home without supervision?
Link Posted: 2/28/2017 3:58:05 AM EDT
[#6]
If there is nothing that covers a call back situation in the policy manual contact the labor department. I have had this happen, although it was a private company,
and the supervisor who tried it got in a bit of a mess when it was brought to corporates attention because he was trying to make policy so he didn't look bad.
We had a union though so we had a bit of bite on our side. Its one of the reasons I started having a scotch when I got home from work. Can't be coming in to
work if I had been drinking.
Good luck with this fight, it may not mean a lot to you now but will keep others from getting screwed in the future.
Link Posted: 2/28/2017 3:59:43 AM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
While it sounds like your boss is a jerk, it doesn't sound like they broke any employment laws that I'm aware of. If they told you to work 2 shifts without pay, you would have something. I would demand to see the policy that allowed them to do this to you.

Are you hourly or salary? Did you tell them that you had children at home without supervision?
View Quote


I'm hourly and I did tell them I had no one to care for my children.  Demanding to see the policy is something I was thinking of doing.  One would think they would have shown me that when I was written up.
Link Posted: 2/28/2017 4:34:40 AM EDT
[#8]
I don't think you have any legal leg to stand on in this case based on the fact that your on-call was "waiting to be engaged" and "nonexempt" status (hourly).

What is their policy in regards to on-call pay?

They can definitely use suspension of time without pay as a disciplinary action although in this case it seems silly considering your unsupervised children.  

If I were you, I would press them to show me where that policy was covered in your handbook is about the only argument you have.

Sorry, wish I could have been more help.
Link Posted: 3/2/2017 1:30:58 AM EDT
[#9]
what exactly was written on your writeup?

What does the policy say about appealing a writeup?

What happens to people that buck your admin, and is there a fallback job in that area?

Really pretty much it
Link Posted: 3/7/2017 11:52:10 PM EDT
[#10]
I would contact HR. If I write up any of my employees (and certainly for forced time off) I damn well better quote song and verse in the write up on what policy was violated. When you received the write up it should have covered what policy was violated.
Just because you are an 'at will' state doesn't mean supervisors can make shit up as they go.

ETA: Who, specifically wrote you up? Your direct supervisor? Your policies should cover things such as call backs, and disciplinary actions and appeals, etc.
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