How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Marsha411JD Your Own Question

Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17516
Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
19127644
Type Your Employment Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

I work for pepsi as a service tech. I have been working this

Resolved Question:

I work for pepsi as a service tech. I have been working this job and shift for almost 10 years now. I work 4 10 hour days wednesday through saturday. My boss makes me work up to 18 hours after my normal 10 hour shift and makes me go out of my area into union area. After I told him no one saturday night to call out someone else I got a 3 day suspension for insubordination and walking off job with out his permission after working 11 hours that day. Since then he is always calling me into meetings and I am now on suspension since july 26th while being investigated because a customer complained about something I said about pepsi and because I followed procedure and closed out calls that had been done the day before by another tech. I feel he is out to get me because I stood up to him and said no for the first time in 9 years. What can I do to stop this and get back to work and have him stop harassing me?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. Are you in a union, or is there an employer policy that prohibits mandatory overtime? Is there any reason other than you refusing overtime that you can think of why your boss is treating you this way? In other words, anything else that makes you different from other employees who are not treated this way? Have you spoken to anyone up the chain of command above your boss about this?

Customer: replied 1 year ago.


No I am not in a union. I know of no policy about refusing overtime. We have a hand book but it says nothing about overtime. Yes, I went to hr about a issue and he did not like it. I have only talked with hr

Expert:  Marsha411JD replied 1 year ago.
Hello again Charles and thank you for your reply although I don't see where you address my question about why, other than your refusal to work overtime, you think your boss might be targeting you. That is an important factor, because the law is not favorable for you. In other words, absent a contract that specifically limits the hours an employer may mandate that an employee work, the employer is always free to set and change the terms and conditions of employment, including number of hours worked, schedule, wages, benefits, etc. The only exception, other than a contract or clear company policy that prohibits those changes, is that an employer may not target an employee for any adverse employment action simply because that employee is a member of a protected class under employment discrimination laws.

So, for example, if you were a minority, or otherwise fall into a protected class, and your boss only treats you in this manner and not others who are not in a protected class, then you might have a valid discrimination claim that you could file through your HR. However, if this is all about your refusal to do what your boss directed, then although it might not seem fair or reasonable, it is not illegal.

If though he is violating any sort of company policy, then you will want to continue to follow up with HR to resolve the issue.

Please let me know if you have any specific follow up questions for me. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17516
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
Marsha411JD and 3 other Employment Law Specialists are ready to help you
Expert:  Marsha411JD replied 1 year ago.
Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the legal answer I provided to you on the 2nd. The Site has been a little buggy lately so the Experts are not always getting replies or ratings that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.
 
 
 

Related Employment Law Questions

Chat Now With An Employment Lawyer
Marsha411JD
Marsha411JD
Employment Lawyer
17516 Satisfied Customers
Licensed Attorney with 28 yrs. exp in Employment Law