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the employer misrepresenting the amount of overtime needed for the position?

by Roxanne
(Philadelphia, PA)

Upon signing the offer letter,it stated that overtime will be necessary at times. The hours of operation were from 8:00 - 4:30pm. After the 1st week, the HR manager and I reviewed how the week went and suggested that if I wanted to score brownie points with the CEO (who I supported) that I would stay overtime. That Monday, I began to stay from 45 to 60 mins overtime. The next day before I was ready to leave at 5:15, 45 mins overtime, I asked the CEO and CFO, if there was anything they needed before I left. He asked me where I was going so early. I joking said, because I thought he was joking, I might as well get a cot and sleep here. He laughed as well as the CFO. However,he took it literally and wrote me up the next day for not take my job seriously, not showing initiative and not putting in extra time when needed. My tasks were always delivered on time and never given a deadline. As a matter of fact, he told me that I should take my time. After the email, I met with the HR manager and she explained that OT was necessary as agreed upon that it has nothing to do with my performance. I explained that I agreed I would work OT when necessary and he never gave me deadlines for my tasks. I asked to speak to him directly to resolve the issues. That conversation was one sided and I began to see that he was more interested in the quantity of time vs quality of work. He said he was boss and that what he says goes. Everyone who works there works at least 1 -3 hours over. One employee worked all day then came back at 3:00 am to 4:30pm the next day. He said to her "are you tired yet?" I then knew it is a

pattern and necessary for this company. I did not sign up for OT everyday. My husband was very ill and went thru surgery the day I was hired. My sister agreed to take care of him for me while I worked. Working OT everyday would not be benefical for my family or me. I did tried to work with him and I thought we came to an agreement. However, that Friday (2 weeks I was there)at 4:30pm (normal quitting time)he looked at his watch and said "you can go now". I knew then that this would be a requirement for this company. That I would never live up to his requirements and I would be stressed everyday leaving at normal time when I could. I always deliver my tasks when giving a deadline. I toss with quitting and even try to resolove this with him and knew in my gut this was not going to work for my life style. I gave my resignation that Monday by phone and letter. Do you think I have any chance of getting UC benefits back?

Hi Roxanne,

I just don't know for sure, it's questionable, but I'll tell you what .. I wouldn't roll over and play dead .. I'd try to argue that the reality of the work situation was not in line with the offer letter or the "conditions of hire" and that whether you worked overtime or not was determined on a daily basis at your regular quitting time be being given permission to leave by the boss.

We accept jobs based upon what we are told at the time of hire. It's how we make the decision as to whether the work is suitable to us or not on both a professional and personal level .. the problem with unemployment is that they don't much care about personal reasons .. but they do care about what the offer letter stated.

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