Getting Suspended at work for Insubordination...
Joined: Aug 2009
Posts: 3,779
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From: ATL
so if you were called back into work, but you were "off the clock," why didnt you just go back on the clock and handle your business. overtime ftw! i do see some light on both sides of the story. but this was a good opportunity to step your game up and show that you take your job seriously.
Joined: Aug 2008
Posts: 3,093
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From: Central Wisconsin
Why hasnt this been asked yet?
What were you doing that you were off lot, while on the clock, but didn't know a car was stolen?
I'd say you handled the situation poorly. You should have explained your situation over the phone, and said that you will be willing to explain more detail when you come in next for your shift.
What were you doing that you were off lot, while on the clock, but didn't know a car was stolen?
I'd say you handled the situation poorly. You should have explained your situation over the phone, and said that you will be willing to explain more detail when you come in next for your shift.
Former Moderator
Joined: Jun 2003
Posts: 18,852
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From: New York
Then you have absolutely no obligation to come in, and they have no legal grounds to stand on should you decide to take it to labor court.
The incident is irrelevant to the OPs thread people, they are completely irrelevant issues. It doesn't matter where he was at the time of the incident. He can be written up for THAT incident, but they are threatening him with suspension for not wanting to come in when he is NOT scheduled to work, not required to come in, and is not PAID to come in. That is AGAINST THE LAW. The other factors in the story are completely meaningless in the OPs specific situation.
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The incident is irrelevant to the OPs thread people, they are completely irrelevant issues. It doesn't matter where he was at the time of the incident. He can be written up for THAT incident, but they are threatening him with suspension for not wanting to come in when he is NOT scheduled to work, not required to come in, and is not PAID to come in. That is AGAINST THE LAW. The other factors in the story are completely meaningless in the OPs specific situation.
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 NFRs2000NYC' timestamp='1304684600' post='20545474
[quote name='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 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 ?
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.
Registered User
Joined: Sep 2008
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Then you have absolutely no obligation to come in, and they have no legal grounds to stand on should you decide to take it to labor court.
The incident is irrelevant to the OPs thread people, they are completely irrelevant issues. It doesn't matter where he was at the time of the incident. He can be written up for THAT incident, but they are threatening him with suspension for not wanting to come in when he is NOT scheduled to work, not required to come in, and is not PAID to come in. That is AGAINST THE LAW. The other factors in the story are completely meaningless in the OPs specific situation.
The incident is irrelevant to the OPs thread people, they are completely irrelevant issues. It doesn't matter where he was at the time of the incident. He can be written up for THAT incident, but they are threatening him with suspension for not wanting to come in when he is NOT scheduled to work, not required to come in, and is not PAID to come in. That is AGAINST THE LAW. The other factors in the story are completely meaningless in the OPs specific situation.
Registered User
Joined: Feb 2004
Posts: 1,280
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From: R.C.
Obviously your manager is getting some heat and put that on you which isn't right but that's part of life. You should have come in not because you had to but because not doing so results in situations like this. You no matter what any piece of authoritative paper says can't be held accountable for other peoples actions unless you caused them or allowed them to happen knowingly which you obviously didn't.
I'm assuming the police were called and someone asked them if the car had been repo'd as most tow companies do notify the police in advance to alleviate any possible situations from occurring over theft or owner retaliation.
Involving legal aid here is just going to make your future employment difficult so weigh it very carefully.
Also as a special message to the 4 year old's playing grammar police in this thread - die!
I'm assuming the police were called and someone asked them if the car had been repo'd as most tow companies do notify the police in advance to alleviate any possible situations from occurring over theft or owner retaliation.
Involving legal aid here is just going to make your future employment difficult so weigh it very carefully.
Also as a special message to the 4 year old's playing grammar police in this thread - die!
Registered User
Joined: Oct 2005
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people that go above and beyond the call of duty is what makes this country great.
the ones that ignore their duty just because they're not on the clock are the reason why other countries call us fat and lazy.
the OP has no worry from a legal stand point but his work ethic is piss poor.
the ones that ignore their duty just because they're not on the clock are the reason why other countries call us fat and lazy.
the OP has no worry from a legal stand point but his work ethic is piss poor.
Registered User
Joined: May 2006
Posts: 7,659
Likes: 3
From: Braselton, GA
people that go above and beyond the call of duty is what makes this country great.
the ones that ignore their duty just because they're not on the clock are the reason why other countries call us fat and lazy.
the OP has no worry from a legal stand point but his work ethic is piss poor.
the ones that ignore their duty just because they're not on the clock are the reason why other countries call us fat and lazy.
the OP has no worry from a legal stand point but his work ethic is piss poor.
Registered User
Joined: Sep 2008
Posts: 1,553
Likes: 0
Originally Posted by jeggy' timestamp='1305156746' post='20565503
people that go above and beyond the call of duty is what makes this country great.
the ones that ignore their duty just because they're not on the clock are the reason why other countries call us fat and lazy.
the OP has no worry from a legal stand point but his work ethic is piss poor.
the ones that ignore their duty just because they're not on the clock are the reason why other countries call us fat and lazy.
the OP has no worry from a legal stand point but his work ethic is piss poor.