Getting Suspended at work for Insubordination...
Registered User
Joined: Mar 2009
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From: Miami
Things like this are what get people promoted or demoted. If you want to look like an unmotivated tool then you did a good job. If you actually act like your job responsibilities matter to you and just went in, did what needed to be done and then went back home and knocked out you'd be in a much better position when your asking for more $$ or promotion. But hey, if you just doing the bare minimum to get your check....... your boss certainly knows it now. So whether or not they suspend you the damage is done. Your now the guy that your boss or bosses know they can't rely on.
Joined: Apr 2006
Posts: 11,691
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As it was stated, If it happened on YOUR watch under YOUR supervision. YOU are responsible for what ever happens whether you are there or not. If you went to lunch at it happend on your shift, you are still responsible. Your boss was in the right to call you back and make u make statement. If its your responsibility to over see that your employees be at their designated spots and they weren't that falls on you. If your employees let the car be towed, that also falls on you. They should know to come to you if this happens, not to take matters into their own hands. Maybe it's just my Military back ground, shit rolls down hill. Your boss was called in because of this, so he calls in the next person to see what happened, which is you. You should then speak with your staff to find out what happened. That's how it goes. I dont understand how you dont see how this is your responsibility, I have to side with your boss on this one. Find out what happened to that car and why. Talk to your staff to ensure this doesn't happen again.
Former Moderator
Joined: Jun 2003
Posts: 18,852
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From: New York
I tried to google some labor law info but, I didnt have much luck pertaining to my situation. I figured i would give this place a shot before I pursue the situation more seriously. So here's what happened >
I was called at 12:00am by my manager about a incident at work that had happened earlier in the day at a work location. I was working at the time of the incident but, I was not at the location of where it had happened. I was also unaware of the incident ever happening. I only became aware of the incident after i was woken up and called at 12:00am. My manager demanded i come down and deal with it and make a statement right then and there at around 12:00am.I refused to do this. I was not On-call nor was I on the clock anymore. The next day I was threatened to be suspended from work for insubordination for refusing to come down that night of the incident and, make a statement. Is It legal for them to suspend me for this ?
I was called at 12:00am by my manager about a incident at work that had happened earlier in the day at a work location. I was working at the time of the incident but, I was not at the location of where it had happened. I was also unaware of the incident ever happening. I only became aware of the incident after i was woken up and called at 12:00am. My manager demanded i come down and deal with it and make a statement right then and there at around 12:00am.I refused to do this. I was not On-call nor was I on the clock anymore. The next day I was threatened to be suspended from work for insubordination for refusing to come down that night of the incident and, make a statement. Is It legal for them to suspend me for this ?
Chef is the only one in this thread that has a clue. I love the knowitalls here saying "it is your job, blah blah blah." Legally, that doesn't matter. He is an employee. His responsibilities are limited. You said the car might have been repoed. Well, was it? They do have a right to be on private property assuming the private property is OPENLY ACCESSED (ie not clipping locks, opening gates, etc.) If they can drive in, they can take the car. You, legally, are not allowed to stop them. Now, if the car was stolen, again, he is a supervisor, and can't be seeing everything all the time. It takes 2 minutes to steal a car. Its going to happen, and it's going to happen again. This has nothing to do with his legal rights as an employee.
Assuming you are in a work-at-will state, they can legally fire you, but without a bunch more details, I can't comment on whether or not you can be suspended. Without previous documentation (writeups), they would have a VERY difficult time in court, and insubordination is very VERY difficult to prove to the labor department court, if almost impossible. In your case, it is impossible. People here aren't reading correctly, you are not being suspended for the incident, you are being (possibly) suspended for refusing to come in on your day off when a manager told you to. At this point, you were an off the clock employee, and they are not your managers. They are your bosses when you are punched in (assuming you are not salaried.)
However, know this. If you do file a complaint with the labor department, you are going to be working in fairly unpleasant conditions, so be prepared. If they do fire you AFTER you file a complaint, you can complain about wrongful termination, but I doubt it will go that far.
Registered User
Joined: Oct 2005
Posts: 14,614
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From: Denton, TX
Originally Posted by DFWs2k' timestamp='1304616513' post='20542585
I guess you missed the part where he said he is in charge of the employees who are supposed to watch the lot?
Strange that the OP is still an hourly employee. Usually if you're going to be a supervisor responsible for people who work shifts other than your own shift they change you from hourly to salaried.
Joined: Apr 2006
Posts: 11,691
Likes: 2
Do ppl not see not see this? He is in charge, it was on his shift. He needs to make a statement as to what happened. I'm not saying he should have stopped the incident from happening but needs to give a report. Yeah it sucks that he got called in but that happens when you get assigned responssiblity. With that being said, Yeah im going to need you to come in on Saturday to work on those TPS reports mkay...thanks.
Thread Starter
Joined: Mar 2006
Posts: 617
Likes: 1
From: Western MA
Thank You for posting something with some helpful information. Here is the answers to your questions. I live in MA. Basically my title at my job is a manager. The guy above me is the director of operations. I'm paid hourly not salary. The way the Managing shifts work is that I'm scheduled to work (manage our lots) from 4:30pm - 9:30pm, sometimes its only 4:30pm - 6:30pm. After that I'm off the clock.
What state do you live in, what kind of job do you have, how are you scheduled to work. Answer those three questions, and I will give you the answer. I suspend people on a weekly basis, and have to cover my ass with the labor department.
Chef is the only one in this thread that has a clue. I love the knowitalls here saying "it is your job, blah blah blah." Legally, that doesn't matter. He is an employee. His responsibilities are limited. You said the car might have been repoed. Well, was it? They do have a right to be on private property assuming the private property is OPENLY ACCESSED (ie not clipping locks, opening gates, etc.) If they can drive in, they can take the car. You, legally, are not allowed to stop them. Now, if the car was stolen, again, he is a supervisor, and can't be seeing everything all the time. It takes 2 minutes to steal a car. Its going to happen, and it's going to happen again. This has nothing to do with his legal rights as an employee.
Assuming you are in a work-at-will state, they can legally fire you, but without a bunch more details, I can't comment on whether or not you can be suspended. Without previous documentation (writeups), they would have a VERY difficult time in court, and insubordination is very VERY difficult to prove to the labor department court, if almost impossible. In your case, it is impossible. People here aren't reading correctly, you are not being suspended for the incident, you are being (possibly) suspended for refusing to come in on your day off when a manager told you to. At this point, you were an off the clock employee, and they are not your managers. They are your bosses when you are punched in (assuming you are not salaried.)
However, know this. If you do file a complaint with the labor department, you are going to be working in fairly unpleasant conditions, so be prepared. If they do fire you AFTER you file a complaint, you can complain about wrongful termination, but I doubt it will go that far.
Originally Posted by YoG628' timestamp='1304612709' post='20542282
I tried to google some labor law info but, I didnt have much luck pertaining to my situation. I figured i would give this place a shot before I pursue the situation more seriously. So here's what happened >
I was called at 12:00am by my manager about a incident at work that had happened earlier in the day at a work location. I was working at the time of the incident but, I was not at the location of where it had happened. I was also unaware of the incident ever happening. I only became aware of the incident after i was woken up and called at 12:00am. My manager demanded i come down and deal with it and make a statement right then and there at around 12:00am.I refused to do this. I was not On-call nor was I on the clock anymore. The next day I was threatened to be suspended from work for insubordination for refusing to come down that night of the incident and, make a statement. Is It legal for them to suspend me for this ?
I was called at 12:00am by my manager about a incident at work that had happened earlier in the day at a work location. I was working at the time of the incident but, I was not at the location of where it had happened. I was also unaware of the incident ever happening. I only became aware of the incident after i was woken up and called at 12:00am. My manager demanded i come down and deal with it and make a statement right then and there at around 12:00am.I refused to do this. I was not On-call nor was I on the clock anymore. The next day I was threatened to be suspended from work for insubordination for refusing to come down that night of the incident and, make a statement. Is It legal for them to suspend me for this ?
Chef is the only one in this thread that has a clue. I love the knowitalls here saying "it is your job, blah blah blah." Legally, that doesn't matter. He is an employee. His responsibilities are limited. You said the car might have been repoed. Well, was it? They do have a right to be on private property assuming the private property is OPENLY ACCESSED (ie not clipping locks, opening gates, etc.) If they can drive in, they can take the car. You, legally, are not allowed to stop them. Now, if the car was stolen, again, he is a supervisor, and can't be seeing everything all the time. It takes 2 minutes to steal a car. Its going to happen, and it's going to happen again. This has nothing to do with his legal rights as an employee.
Assuming you are in a work-at-will state, they can legally fire you, but without a bunch more details, I can't comment on whether or not you can be suspended. Without previous documentation (writeups), they would have a VERY difficult time in court, and insubordination is very VERY difficult to prove to the labor department court, if almost impossible. In your case, it is impossible. People here aren't reading correctly, you are not being suspended for the incident, you are being (possibly) suspended for refusing to come in on your day off when a manager told you to. At this point, you were an off the clock employee, and they are not your managers. They are your bosses when you are punched in (assuming you are not salaried.)
However, know this. If you do file a complaint with the labor department, you are going to be working in fairly unpleasant conditions, so be prepared. If they do fire you AFTER you file a complaint, you can complain about wrongful termination, but I doubt it will go that far.
Joined: Dec 2005
Posts: 554
Likes: 0
i vote that it's your responsibility, but if it took so long for them to find out about the incident, i don't see what another few hours would matter until you can get in the office in the morning.
and if it was so important, there should be another manager on duty at 12 AM to help out until you can get there and finish things off. If not, either the director guy needs to do it, or you need to be put on call (and paid more).
i'm actually wondering if the director guy was also woken up late at night and was trying to pass the buck to you bc he was cranky too..
and if it was so important, there should be another manager on duty at 12 AM to help out until you can get there and finish things off. If not, either the director guy needs to do it, or you need to be put on call (and paid more).
i'm actually wondering if the director guy was also woken up late at night and was trying to pass the buck to you bc he was cranky too..
Joined: Oct 2003
Posts: 11,950
Likes: 474
From: MAHT-O-MEDI
My questions to the OP.
Is your supervisor hard to deal with and he is always trying to be a hard ass with people? Do you have problems with that person in the past where he/she might be looking to give you a smack down or get rid of you?
Is your supervisor hard to deal with and he is always trying to be a hard ass with people? Do you have problems with that person in the past where he/she might be looking to give you a smack down or get rid of you?
