this post was submitted on 19 Jul 2023
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My wife works in a restaurant, and the power-tripping manager has instituted a new policy where all shift changes must be approved by management. I think that is reasonable enough, but they're also asking the originally-scheduled employee why they are switching shifts, then approving or denying based on the answer.

For example, her coworker (Tom) wanted Monday afternoon off, and Harry agreed to cover the shift. The manager asked Tom why he wanted Harry to work for him, and Tom said, "I have a softball game." Manager denied the shift change because it was "unnecessary".

Is this legal? I feel like if you're able to find someone to cover your shift, you don't owe management any explanation why you need the time off. How should my wife approach this situation? Colorado, USA BTW.

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[–] [email protected] 8 points 1 year ago

The answer is going to depend on Country, State (if in the US) and locality. For a US based answer, you can contact he US Department of Labor and ask them for a real answer (certainly better than you'd get asking people on the internet). You can also contact the Department of Labor for whatever State the work is performed in.

At a guess, it's probably legal under certain circumstances. Knowing most small businesses, the policy is probably not that nuanced.

[–] [email protected] 6 points 1 year ago

Tell her to just start lying about horrible medical conditions. Lying isn't illegal.

"I need Thurs and Fri off to get a painful hemorrhoid lasered"

[–] [email protected] 5 points 1 year ago

Well Colorado is an at will state so I would think it would be legal. Shitty but still legal.

[–] [email protected] 4 points 1 year ago

Maybe take it up with his boss? I really can't see the restaurant caring one way or another, as long as the shift is covered by someone qualified to do the job.

[–] [email protected] 4 points 1 year ago

This is perfect for /c/Antiwork, do you mind if I cross post this?

[–] [email protected] 3 points 1 year ago

What bullshit. I’d make something up every time. Whether their request is legal or not, my personal life isn’t my employer’s business, and certainly doesn’t revolve around their “approval”.

[–] [email protected] 3 points 1 year ago (2 children)

Not illegal but dumb if it’s a power trip. If the shift is covered, then the business doesn’t suffer, but there may be other things at play. For example, the day and time of the shift. If it’s during a super busy day sad you may need extra coverage.

Now, there may be other things going on, like employees constantly changing shifts at will. When I owned a restaurant, I spent an awful amount of hours figuring out shifts that were equitable. As a manager if I want to have some certainty, the constant changes by employees whom only informed me they had negotiated behind the scenes, would feel disrespectful of my time and of the time of others.

This probably has nothing to do with your wife, but everything to do with that other dude. If I had known that he had a softball game coming up, or is in a league on Saturdays, I’d have been happy to work with him to figure out a shift change. Shit like that happens. But if this guy keeps bothering other employees to get them to cover for him constantly, that would also be disrespectful of their time. Even if they agree to do it.

In other words: If that guy thinks that his softball game is more valuable than your wife’s time with you or your family, then he should look for a job that suits his lifestyle.

If your wife, on the other hand, would come t me and tell me she needed the hours, I could work with her on that.

In the long run, I agree. A personal softball game by itself, is not reason enough to miss your shift. Just like shit happens, work also happens.

And just a no without an explanation is also not valid. A good manager lets people understand their decisions.

[–] burntbutterbiscuits 4 points 1 year ago

Meh, not going to argue but everything you are saying in your post….. it’s just wrong…. Incorrect.

At a restaurant there’s pretty much zero reason leave shouldn’t be approved with or without notice.

Why do you have sick time or vacation time if people can’t use it.

It’s none of you business why anyone needs to use their leave time, I get that that is difficult for you to understand…. But it’s none of your fucking business why anyone is using their leave time. Ever…..

[–] [email protected] 2 points 1 year ago

Interesting, I have had a nearly opposite experience in the past.

At one retail job I had, if you needed a shift off, you had to find someone else to agree to cover your shift. That was basically the whole process of getting out of a scheduled shift. Take a shift off, fine, but it was the responsibility of the worker who needed a shift covered to get that shift covered.

[–] [email protected] 3 points 1 year ago

It is legal, but this is going to kill the restaurant.

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