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being forced to work overnight 12sm-8am shifts when hired to work day shifts?

by Pete

I was hired to work day shifts. I made it clear to the manager/owner that I could not work overnight shifts due to medical reasons for myself and my wife who at the time was bedridden, before being hired. After 2 weeks of employment I was scheduled and asked to do one overnight (graveyard)shift as a one time deal as a favor to the manager. When I finished the shift I told him that graveyards were not an option for me. He assured me that was the last one I would work. The next schedule came out and I had two more graveyard shifts. I immediately went to the manager and questioned him. He said to bear with him that this would be the last. I worked the shifts expecting them to be the last. Next schedule two more graveyard shifts. Again the manager promises no more. The following schedule I had three more graveyard shifts. The schedule was posted at 10pm Sunday night for the following week of Mon-Sat. I returned at 9am Monday morning to speak with the manager to tell him I could not work those shifts. He said he was sorry for me to go and asked if he could work out the schedule conflicts would I still work. I said of course. He never returned my calls after this. When I applied for unemployment the company denied my benefits saying I quit because I would not work within their guidelines. I am 59 years old and question whether the manager was trying to make me quit?

Oh for crying out loud Pete. They didn't have to make you quit .. they just had to make it look like you quit.

I don't care
where or who you work for .. you need to treat employment just like it was your own business .. because this in fact is what being and employee is .. you are hiring out your services .. the problem is you have to abide by the rules or at the very least find a way to confirm what the hiring agreement was .. at least in some way.

Let's say you get hired at the corner convenience store. The person that hire you says "sure, no problem, we don't need you for the graveyard shift, but we'd love to have you aboard for the day shift.

What do you do? Take their word for it?

I think not.

Me .. I'm going to go home and email or write up an acceptance letter detailing the terms and conditions that person said I could have the job under. At least I'll have some kind of paper trail to try to prove this was the case when the "manager" starts thinking I'm desperate for a job enough to tolerate this kind of VERY COMMONPLACE employer behavior.

I'm going to document every call I made that he refused to return and I'm going to show up and ask "What's up? I thought you said you were going to comply with terms you offered and the reason I accepted the job."

If you think this is cynical .. I would disagree, I think it's just smart and looking out for my best interests.

So, Pete, if you didn't do this .. all you got is your word and hopefully a dose of credibility, enough so that if you are or were denied and appeal the hearing officer believes you over the "manager".


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