Can I be forced to cover for a colleague? [closed]
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I work for a tow company where we have set schedules.
Previously, another employee has made threats about cutting my brake-lines or poisoning me and my dogs. Management was made aware of the problem they told me it was over with and that she would be talked to about it.
Now it's a few months later. She has asked for time off, and the company asked me to cover. I told them I don't want to, and that there are other people that can cover her shift. Now a week before she is to be off they tell me that I have to cover it. I told them I don't want to because of all the threats, that it would make me work 13 days in a row without a day off, and that it would have me at work until 11pm then back in the next day to work a 15 hour shift.
Can they make me cover?
management time-off
closed as off-topic by Vietnhi Phuvan, gnat, Jim G., Garrison Neely, Telastyn Jul 9 '14 at 19:18
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jim G., Garrison Neely, Telastyn
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I work for a tow company where we have set schedules.
Previously, another employee has made threats about cutting my brake-lines or poisoning me and my dogs. Management was made aware of the problem they told me it was over with and that she would be talked to about it.
Now it's a few months later. She has asked for time off, and the company asked me to cover. I told them I don't want to, and that there are other people that can cover her shift. Now a week before she is to be off they tell me that I have to cover it. I told them I don't want to because of all the threats, that it would make me work 13 days in a row without a day off, and that it would have me at work until 11pm then back in the next day to work a 15 hour shift.
Can they make me cover?
management time-off
closed as off-topic by Vietnhi Phuvan, gnat, Jim G., Garrison Neely, Telastyn Jul 9 '14 at 19:18
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jim G., Garrison Neely, Telastyn
4
Your problems with her are your problems with her, not with the company. If the company needs you to cover because someone is unavailable, the question of who it is doesn't seem relevant. I understand your feelings, but if someone is entitled to time off someone else has to fill in, and the fact that it's her doesn't change that. The question of hours and safety is the only vaild issue here... and whether they can "make you" work those hours depends on your employment contract and whether they would react to your refusing by firing you.
– keshlam
Jul 9 '14 at 3:44
2
Have there been any problems with threats since management told you that the issue was over? If not, then what relevance do the threats have now that several months have passed? If the issue has been resolved, you can't turn around and use it as a reason to not work. Depending upon your location, however, the amount of days/hours they are requesting that you work may not be allowed.
– aroth
Jul 9 '14 at 4:39
2
Does "tow company" mean you are driving? There are probably maximum hours that you are allowed to drive as well.
– gnasher729
Jul 9 '14 at 6:49
1
@keshlam Make that an answer ;-)
– Jan Doggen
Jul 9 '14 at 8:31
1
If you are part of a union, talking to a union rep may be quicker and cheaper than seeking out a lawyer.
– David K
Jul 9 '14 at 12:17
 |Â
show 3 more comments
up vote
0
down vote
favorite
up vote
0
down vote
favorite
I work for a tow company where we have set schedules.
Previously, another employee has made threats about cutting my brake-lines or poisoning me and my dogs. Management was made aware of the problem they told me it was over with and that she would be talked to about it.
Now it's a few months later. She has asked for time off, and the company asked me to cover. I told them I don't want to, and that there are other people that can cover her shift. Now a week before she is to be off they tell me that I have to cover it. I told them I don't want to because of all the threats, that it would make me work 13 days in a row without a day off, and that it would have me at work until 11pm then back in the next day to work a 15 hour shift.
Can they make me cover?
management time-off
I work for a tow company where we have set schedules.
Previously, another employee has made threats about cutting my brake-lines or poisoning me and my dogs. Management was made aware of the problem they told me it was over with and that she would be talked to about it.
Now it's a few months later. She has asked for time off, and the company asked me to cover. I told them I don't want to, and that there are other people that can cover her shift. Now a week before she is to be off they tell me that I have to cover it. I told them I don't want to because of all the threats, that it would make me work 13 days in a row without a day off, and that it would have me at work until 11pm then back in the next day to work a 15 hour shift.
Can they make me cover?
management time-off
edited Jul 9 '14 at 13:12
yochannah
4,21462747
4,21462747
asked Jul 9 '14 at 3:12
melissa
2412
2412
closed as off-topic by Vietnhi Phuvan, gnat, Jim G., Garrison Neely, Telastyn Jul 9 '14 at 19:18
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jim G., Garrison Neely, Telastyn
closed as off-topic by Vietnhi Phuvan, gnat, Jim G., Garrison Neely, Telastyn Jul 9 '14 at 19:18
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jim G., Garrison Neely, Telastyn
4
Your problems with her are your problems with her, not with the company. If the company needs you to cover because someone is unavailable, the question of who it is doesn't seem relevant. I understand your feelings, but if someone is entitled to time off someone else has to fill in, and the fact that it's her doesn't change that. The question of hours and safety is the only vaild issue here... and whether they can "make you" work those hours depends on your employment contract and whether they would react to your refusing by firing you.
– keshlam
Jul 9 '14 at 3:44
2
Have there been any problems with threats since management told you that the issue was over? If not, then what relevance do the threats have now that several months have passed? If the issue has been resolved, you can't turn around and use it as a reason to not work. Depending upon your location, however, the amount of days/hours they are requesting that you work may not be allowed.
– aroth
Jul 9 '14 at 4:39
2
Does "tow company" mean you are driving? There are probably maximum hours that you are allowed to drive as well.
– gnasher729
Jul 9 '14 at 6:49
1
@keshlam Make that an answer ;-)
– Jan Doggen
Jul 9 '14 at 8:31
1
If you are part of a union, talking to a union rep may be quicker and cheaper than seeking out a lawyer.
– David K
Jul 9 '14 at 12:17
 |Â
show 3 more comments
4
Your problems with her are your problems with her, not with the company. If the company needs you to cover because someone is unavailable, the question of who it is doesn't seem relevant. I understand your feelings, but if someone is entitled to time off someone else has to fill in, and the fact that it's her doesn't change that. The question of hours and safety is the only vaild issue here... and whether they can "make you" work those hours depends on your employment contract and whether they would react to your refusing by firing you.
– keshlam
Jul 9 '14 at 3:44
2
Have there been any problems with threats since management told you that the issue was over? If not, then what relevance do the threats have now that several months have passed? If the issue has been resolved, you can't turn around and use it as a reason to not work. Depending upon your location, however, the amount of days/hours they are requesting that you work may not be allowed.
– aroth
Jul 9 '14 at 4:39
2
Does "tow company" mean you are driving? There are probably maximum hours that you are allowed to drive as well.
– gnasher729
Jul 9 '14 at 6:49
1
@keshlam Make that an answer ;-)
– Jan Doggen
Jul 9 '14 at 8:31
1
If you are part of a union, talking to a union rep may be quicker and cheaper than seeking out a lawyer.
– David K
Jul 9 '14 at 12:17
4
4
Your problems with her are your problems with her, not with the company. If the company needs you to cover because someone is unavailable, the question of who it is doesn't seem relevant. I understand your feelings, but if someone is entitled to time off someone else has to fill in, and the fact that it's her doesn't change that. The question of hours and safety is the only vaild issue here... and whether they can "make you" work those hours depends on your employment contract and whether they would react to your refusing by firing you.
– keshlam
Jul 9 '14 at 3:44
Your problems with her are your problems with her, not with the company. If the company needs you to cover because someone is unavailable, the question of who it is doesn't seem relevant. I understand your feelings, but if someone is entitled to time off someone else has to fill in, and the fact that it's her doesn't change that. The question of hours and safety is the only vaild issue here... and whether they can "make you" work those hours depends on your employment contract and whether they would react to your refusing by firing you.
– keshlam
Jul 9 '14 at 3:44
2
2
Have there been any problems with threats since management told you that the issue was over? If not, then what relevance do the threats have now that several months have passed? If the issue has been resolved, you can't turn around and use it as a reason to not work. Depending upon your location, however, the amount of days/hours they are requesting that you work may not be allowed.
– aroth
Jul 9 '14 at 4:39
Have there been any problems with threats since management told you that the issue was over? If not, then what relevance do the threats have now that several months have passed? If the issue has been resolved, you can't turn around and use it as a reason to not work. Depending upon your location, however, the amount of days/hours they are requesting that you work may not be allowed.
– aroth
Jul 9 '14 at 4:39
2
2
Does "tow company" mean you are driving? There are probably maximum hours that you are allowed to drive as well.
– gnasher729
Jul 9 '14 at 6:49
Does "tow company" mean you are driving? There are probably maximum hours that you are allowed to drive as well.
– gnasher729
Jul 9 '14 at 6:49
1
1
@keshlam Make that an answer ;-)
– Jan Doggen
Jul 9 '14 at 8:31
@keshlam Make that an answer ;-)
– Jan Doggen
Jul 9 '14 at 8:31
1
1
If you are part of a union, talking to a union rep may be quicker and cheaper than seeking out a lawyer.
– David K
Jul 9 '14 at 12:17
If you are part of a union, talking to a union rep may be quicker and cheaper than seeking out a lawyer.
– David K
Jul 9 '14 at 12:17
 |Â
show 3 more comments
3 Answers
3
active
oldest
votes
up vote
13
down vote
There is no way we can answer your question. Consult a local lawyer.
However, please note that if you field her previous behaviour as a reason you don't want to cover for her, it may not be in your best interests. You are not doing her a favor. She doesn't gain anything from it. You would be doing your company a favor. It's your company that needs someone to cover for her.
It's understandable that after what happened you don't want to work with her. However, working her job if she is absent is something different and has nothing to do with her behaviour.
If you don't want to work those shifts because they are too long, say so and ask a lawyer if you can get around it. Do not mention her name because that would look like an excuse.
suggest improvements |Â
up vote
1
down vote
Yeah, they probably can make you cover this mean person's shifts. They can ask you to cover anybody's shifts. It isn't about your problems with the mean person, it's about serving your customers.
But they do (in the US) have to pay you time and a half, at least, for overtime hours.
You could make the case that you've been working too long without a day off and you need a break. It sounds like you have a good case there.
Or you could just take the overtime pay to the bank. What the heck, milk it! It's not like you have to ride around in the truck with the mean person.
suggest improvements |Â
up vote
0
down vote
There have been lawsuits in the field of towing. Some tow companies incorrectly classify employees as independent contractors when in fact they are treating them as employees. As an employee, you are covered by FLSA, so you should be paid overtime for extra hours. Having to pay overtime might make them find a different solution to their need to cover shifts, so if you are not paid overtime, you should consult an attorney.
Unfortunately, neither FLSA nor OSHA set limits to how much you can be asked or expected to work. If your employer is paying you legally and operating within the law, they can ask and expect whatever hours they need.
This is extremely poor management on the part of your company, however. They did not handle the threats well, and the amount of work they are expecting is unhealthy. You should probably look for a better employer. Sorry.
suggest improvements |Â
3 Answers
3
active
oldest
votes
3 Answers
3
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
13
down vote
There is no way we can answer your question. Consult a local lawyer.
However, please note that if you field her previous behaviour as a reason you don't want to cover for her, it may not be in your best interests. You are not doing her a favor. She doesn't gain anything from it. You would be doing your company a favor. It's your company that needs someone to cover for her.
It's understandable that after what happened you don't want to work with her. However, working her job if she is absent is something different and has nothing to do with her behaviour.
If you don't want to work those shifts because they are too long, say so and ask a lawyer if you can get around it. Do not mention her name because that would look like an excuse.
suggest improvements |Â
up vote
13
down vote
There is no way we can answer your question. Consult a local lawyer.
However, please note that if you field her previous behaviour as a reason you don't want to cover for her, it may not be in your best interests. You are not doing her a favor. She doesn't gain anything from it. You would be doing your company a favor. It's your company that needs someone to cover for her.
It's understandable that after what happened you don't want to work with her. However, working her job if she is absent is something different and has nothing to do with her behaviour.
If you don't want to work those shifts because they are too long, say so and ask a lawyer if you can get around it. Do not mention her name because that would look like an excuse.
suggest improvements |Â
up vote
13
down vote
up vote
13
down vote
There is no way we can answer your question. Consult a local lawyer.
However, please note that if you field her previous behaviour as a reason you don't want to cover for her, it may not be in your best interests. You are not doing her a favor. She doesn't gain anything from it. You would be doing your company a favor. It's your company that needs someone to cover for her.
It's understandable that after what happened you don't want to work with her. However, working her job if she is absent is something different and has nothing to do with her behaviour.
If you don't want to work those shifts because they are too long, say so and ask a lawyer if you can get around it. Do not mention her name because that would look like an excuse.
There is no way we can answer your question. Consult a local lawyer.
However, please note that if you field her previous behaviour as a reason you don't want to cover for her, it may not be in your best interests. You are not doing her a favor. She doesn't gain anything from it. You would be doing your company a favor. It's your company that needs someone to cover for her.
It's understandable that after what happened you don't want to work with her. However, working her job if she is absent is something different and has nothing to do with her behaviour.
If you don't want to work those shifts because they are too long, say so and ask a lawyer if you can get around it. Do not mention her name because that would look like an excuse.
answered Jul 9 '14 at 4:51
nvoigt
42.6k18105147
42.6k18105147
suggest improvements |Â
suggest improvements |Â
up vote
1
down vote
Yeah, they probably can make you cover this mean person's shifts. They can ask you to cover anybody's shifts. It isn't about your problems with the mean person, it's about serving your customers.
But they do (in the US) have to pay you time and a half, at least, for overtime hours.
You could make the case that you've been working too long without a day off and you need a break. It sounds like you have a good case there.
Or you could just take the overtime pay to the bank. What the heck, milk it! It's not like you have to ride around in the truck with the mean person.
suggest improvements |Â
up vote
1
down vote
Yeah, they probably can make you cover this mean person's shifts. They can ask you to cover anybody's shifts. It isn't about your problems with the mean person, it's about serving your customers.
But they do (in the US) have to pay you time and a half, at least, for overtime hours.
You could make the case that you've been working too long without a day off and you need a break. It sounds like you have a good case there.
Or you could just take the overtime pay to the bank. What the heck, milk it! It's not like you have to ride around in the truck with the mean person.
suggest improvements |Â
up vote
1
down vote
up vote
1
down vote
Yeah, they probably can make you cover this mean person's shifts. They can ask you to cover anybody's shifts. It isn't about your problems with the mean person, it's about serving your customers.
But they do (in the US) have to pay you time and a half, at least, for overtime hours.
You could make the case that you've been working too long without a day off and you need a break. It sounds like you have a good case there.
Or you could just take the overtime pay to the bank. What the heck, milk it! It's not like you have to ride around in the truck with the mean person.
Yeah, they probably can make you cover this mean person's shifts. They can ask you to cover anybody's shifts. It isn't about your problems with the mean person, it's about serving your customers.
But they do (in the US) have to pay you time and a half, at least, for overtime hours.
You could make the case that you've been working too long without a day off and you need a break. It sounds like you have a good case there.
Or you could just take the overtime pay to the bank. What the heck, milk it! It's not like you have to ride around in the truck with the mean person.
answered Jul 9 '14 at 17:23
O. Jones
13.6k24070
13.6k24070
suggest improvements |Â
suggest improvements |Â
up vote
0
down vote
There have been lawsuits in the field of towing. Some tow companies incorrectly classify employees as independent contractors when in fact they are treating them as employees. As an employee, you are covered by FLSA, so you should be paid overtime for extra hours. Having to pay overtime might make them find a different solution to their need to cover shifts, so if you are not paid overtime, you should consult an attorney.
Unfortunately, neither FLSA nor OSHA set limits to how much you can be asked or expected to work. If your employer is paying you legally and operating within the law, they can ask and expect whatever hours they need.
This is extremely poor management on the part of your company, however. They did not handle the threats well, and the amount of work they are expecting is unhealthy. You should probably look for a better employer. Sorry.
suggest improvements |Â
up vote
0
down vote
There have been lawsuits in the field of towing. Some tow companies incorrectly classify employees as independent contractors when in fact they are treating them as employees. As an employee, you are covered by FLSA, so you should be paid overtime for extra hours. Having to pay overtime might make them find a different solution to their need to cover shifts, so if you are not paid overtime, you should consult an attorney.
Unfortunately, neither FLSA nor OSHA set limits to how much you can be asked or expected to work. If your employer is paying you legally and operating within the law, they can ask and expect whatever hours they need.
This is extremely poor management on the part of your company, however. They did not handle the threats well, and the amount of work they are expecting is unhealthy. You should probably look for a better employer. Sorry.
suggest improvements |Â
up vote
0
down vote
up vote
0
down vote
There have been lawsuits in the field of towing. Some tow companies incorrectly classify employees as independent contractors when in fact they are treating them as employees. As an employee, you are covered by FLSA, so you should be paid overtime for extra hours. Having to pay overtime might make them find a different solution to their need to cover shifts, so if you are not paid overtime, you should consult an attorney.
Unfortunately, neither FLSA nor OSHA set limits to how much you can be asked or expected to work. If your employer is paying you legally and operating within the law, they can ask and expect whatever hours they need.
This is extremely poor management on the part of your company, however. They did not handle the threats well, and the amount of work they are expecting is unhealthy. You should probably look for a better employer. Sorry.
There have been lawsuits in the field of towing. Some tow companies incorrectly classify employees as independent contractors when in fact they are treating them as employees. As an employee, you are covered by FLSA, so you should be paid overtime for extra hours. Having to pay overtime might make them find a different solution to their need to cover shifts, so if you are not paid overtime, you should consult an attorney.
Unfortunately, neither FLSA nor OSHA set limits to how much you can be asked or expected to work. If your employer is paying you legally and operating within the law, they can ask and expect whatever hours they need.
This is extremely poor management on the part of your company, however. They did not handle the threats well, and the amount of work they are expecting is unhealthy. You should probably look for a better employer. Sorry.
answered Jul 9 '14 at 13:04


MJ6
4,063820
4,063820
suggest improvements |Â
suggest improvements |Â
4
Your problems with her are your problems with her, not with the company. If the company needs you to cover because someone is unavailable, the question of who it is doesn't seem relevant. I understand your feelings, but if someone is entitled to time off someone else has to fill in, and the fact that it's her doesn't change that. The question of hours and safety is the only vaild issue here... and whether they can "make you" work those hours depends on your employment contract and whether they would react to your refusing by firing you.
– keshlam
Jul 9 '14 at 3:44
2
Have there been any problems with threats since management told you that the issue was over? If not, then what relevance do the threats have now that several months have passed? If the issue has been resolved, you can't turn around and use it as a reason to not work. Depending upon your location, however, the amount of days/hours they are requesting that you work may not be allowed.
– aroth
Jul 9 '14 at 4:39
2
Does "tow company" mean you are driving? There are probably maximum hours that you are allowed to drive as well.
– gnasher729
Jul 9 '14 at 6:49
1
@keshlam Make that an answer ;-)
– Jan Doggen
Jul 9 '14 at 8:31
1
If you are part of a union, talking to a union rep may be quicker and cheaper than seeking out a lawyer.
– David K
Jul 9 '14 at 12:17