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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19673
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I work for pepsi as a service tech. I have been working this

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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?


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 3 years 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

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 and 3 other Employment Law Specialists are ready to help you
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:

Thank you.

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