Labor Law question

[theothersean]

Anyone out there familiar with labor laws in Mass?


When I went in for the interview 2 and 1/2 years ago for the job I have now. They asked me IF I could work over time, I said yes . They asked if I could work weekends, I said NO! They hired me.
Over the course of the last couple years they have asked if I would work a weekend, I said NO, I haven't done one yet and I don't plan to do one in the future, as per my pre employment agreement. It seemed no big deal to them that I didn't work the weekend.
Granted this was a verbal agreement with the guy that hired me.

Now they are pushing for weekends , and the writing on the wall is suggesting that its a work the weekend or don't come back to work at all. They haven't come right out and said that yet, but we are having a meeting next week, and I was wondering what sort of leg I have to stand on if any.


The employee hand book states that they can make weekend OT manditory and refusal to work it is grounds for disiplinary action. But as I said before I had a verbal agreement, pre employment.


Any lawyers or employers out there know about this stuff?

thanks

[R7]

I'd call their bluff and if they really need you (sounds to me like they do) they won't let you go over something like that. I'm not sure how the law reads and what they can do so I have no real answer to your question. It may be time for you to take your hoist license and head to the operators/engineers local union.
And wasn't the place Mike works at begging you to come back??

[KB]

If you didn't get it in writing in your inital offer letter your pretty much fucked!

KB

[Manny]

Was the handbook given to you at the time you were hired? Did they tell you at the time that the handbook was the basis for all issues regarding your employment?

Was the handbook new or always in place? Was this clause about weekend overtime added recently or always been present?

Do you have ANY type of written contract- not specifically regarding the overtime issue - or was the entire contract verbal?

[capt1014]

If you do not have it in writing that specifically you are not to work weekends, the empoyee hand book says that you may have to.

So ya your fucked.

[theothersean]

I plan to call their bluff and I have already checked out the local listings for employment. I am very marketable and they know that. It would be more of their loss than mine. So I plan to stay firm to my plan.
But just for shits, incase this does go bad, anyone out there have a use for these skills.

- Class1B hoisting licence ( covers fork trucks ) and hoisting equipment with a boom with or with out wire rope

- Trained on indoor overhead bridge cranes and rigging

- Fork truck trainer ( responsible for in house fork lift training for the non licenced employees)

- DOT Hazardous Material Transport training(Hazmat)
-Small quantity Generator Hazardous Waste Management Trained

Besides all that I have done assembly work on air gas trailers ,

I also run a 40 foot long 12 foot wide computer controlled furnace for heat treating the steel cylinders to 1620 degrees

among other things
I don't want to put my whole resume up here.

Hopefully I won't have to either.

[TurboRush91]

Nah... based on what you said there it doesn't sound like any kind of verbal agreement was reached, they asked you if you were willing, you said no and they took that into consideration when they hired you. That in no way represents a verbal agreement (again, maybe more was said or you agreed to accept employment on the condition you don't have to work weekends).

Anyway, your "verbal agreement" will do you no good. Plus your employment is at will, so even if the real reason for canning you is not working weeekends they could do it because you looked at someone funny..

[ssg]

you've got a legal LTC again right? who cares.

[Rye]

Originally posted by theothersean
Anyone out there familiar with labor laws in Mass?


When I went in for the interview 2 and 1/2 years ago for the job I have now. They asked me IF I could work over time, I said yes . They asked if I could work weekends, I said NO! They hired me.
Over the course of the last couple years they have asked if I would work a weekend, I said NO, I haven't done one yet and I don't plan to do one in the future, as per my pre employment agreement. It seemed no big deal to them that I didn't work the weekend.
Granted this was a verbal agreement with the guy that hired me.

Now they are pushing for weekends , and the writing on the wall is suggesting that its a work the weekend or don't come back to work at all. They haven't come right out and said that yet, but we are having a meeting next week, and I was wondering what sort of leg I have to stand on if any.


The employee hand book states that they can make weekend OT manditory and refusal to work it is grounds for disiplinary action. But as I said before I had a verbal agreement, pre employment.


Any lawyers or employers out there know about this stuff?

thanks

I don't think you have much there Sean. But given your skillset, your likely very marketable anyway. Working an occasional weekend day has never been an issue for me, but I'm with you, I would NEVER take weekend hours regularly. Life's gotta be about something a little more than working over 70% of it away.

[Half Squid]

Sean you will always have a job working for me. I can ditch one of my deadbeats!

We are moving to Medway within the next 8 months if that would help! I can also get you more $. Your worth it. only thing I will make sure is written in your new contract would be your farts can not stink as bad.. ( This boy can clear a 60X15 enclosed room with a air filtration system for 20 minutes!)

Only downside is we are still the same company as before with crappy benifits and bad managers ( Except me! ) But I would be your boss! ( Could be good or bad? )

Anytime you want let me know, plus when we get into the new facility around Oct/Nov we will be looking for at least ten more people of all skills. Machince shop, Fabricators, Welders, Assembly, Shipping etc..

We have enough work right now to run two facilities with 2 shifts until April 2007, after that we will be shutting down Bridle Lane Westboro and going to two shifts in the Medway building! This building is right of 495, the route 109 exit Milford, & 2 minutes from there!

[theothersean]

Mike, Thanks man, I will keep that in mind.
As I said before I think they are just bluffing as they don't see an alternative. BUt there are always other ways to get the job done. I said to them, instead of wasting your time trying to get me to do something I won't do, spend your time thinking of a better solution to your problem. The needs of the company have changed, mine didn't.

Its just good to get your ducks in a row and have a back up plan just in case.


As for the "weekend issue" My previous back ground was in the food service industry. I have worked just about every weekend , sat and sun and holidays for roughly 14 years. I was even in a few healthcare food setting where I worked most of the major holidays while family and friends were out celebrating. When I changed careers I made it a point to get into a field that was a mon thru fri gig with holidays off , paid. Well I had found that, or so I thought.

[Stoneman]

Originally posted by TurboRush91
...Plus your employment is at will, so even if the real reason for canning you is not working weeekends they could do it because you looked at someone funny..

I don't believe Mass is an 'at will' state...

[theothersean]

Originally posted by Stoneman
I don't believe Mass is an 'at will' state...

Good point, the state as a whole isn't very willing to let us do what we want. I am suprised that they let us make our own decisions about who we work for and who caompanies can hire and fire and when. Lots of rules and regulations that other states don't have. That and the tax rate is pretty high. They call it a commonwealth but it doesn't seem that the "common" man is getting wealthy.

[Half Squid]

Originally posted by Stoneman
I don't believe Mass is an 'at will' state...

I thought it was?

[Stoneman]

Originally posted by Half Squid
I thought it was?

By '...at will...', I mean you're employed 'at the will' of the employer. That is to say, they can also fire you 'at will', not needing a reason. I DON'T think that Mass employers can do that. I THOUGHT you NEEDED a legitimate reason to fire an employee in Mass...

Not so in NH, where we ARE an 'at will' state. That is to say we can fire WildBill 'cuz he listens to Rush Limbaugh in the pressroom in the afternoon...

[TheIglu]

Originally posted by Stoneman


Not so in NH, where we ARE an 'at will' state. That is to say we can fire WildBill 'cuz he listens to Rush Limbaugh in the pressroom in the afternoon...

ZING!

[Half Squid]

Originally posted by Stoneman
By '...at will...', I mean you're employed 'at the will' of the employer. That is to say, they can also fire you 'at will', not needing a reason. I DON'T think that Mass employers can do that. I THOUGHT you NEEDED a legitimate reason to fire an employee in Mass...

Ah your right.We do need a certain reason. But with proper planning the right documentation stating their have been issues prior we can find a way to beat the system. Just not as easy as NH!

[Half Squid]

Originally posted by TheIglu
ZING!

It's DING you dip-shit!

Put down the alcohol!!! & Pass some to me!

[theothersean]

I think it partially comes to being able to collect unemployment or not. If the employer had documentation and a valid reason for firing you and you try to collect unemployment they can contest it and you might not be able to collect. But if they fired you for no good reason than you can collect, you will probably have to fight for it if they decide to contest it though.

[Half Squid]

Ding! Sean is onto something here! Thats right...

[beet]

Labor Law . They could can ya
but you could collect unemployment .