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Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 40993
Experience:  30 years in Employment law
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I'm from Calif, visiting my sister in Charleston. Her

Customer Question

I'm from Calif, visiting my sister in Charleston. Her current employer is requiring mandatory overtime and using her earned PTO if less than 45 hours per week are worked. They are also requiring her to be on-call for stat needs from 5-7 dai;ly. She is not compensated for this on call time even if she does have a stat request. She has rheumatoid arthritis and these long hours are very difficult for her. She applies for disability but was denied. Is there any options for her?
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Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

She could consider an EEOC complaint if she feels the real reason for all of this is that they are trying to run her off and replace her with say younger person.Many times they make rules and take actions that appear to be job related but the reality is that they are trying to force her to quit and leave because of her age.

Filing with EEOC here would offer her protection, if they fire her she files again claiming retaliation.They may also be more reluctant to fire here here.

She may also file a wage an hour complaint, she may well be due extra wages here for time she is on call and the forced use of the PTO.

EEOC here

Expert:  Ray replied 1 year ago.

I appreciate the chance to help you today.Thanks again.

Expert:  Ray replied 1 year ago.

If you can leave a positive rating when we are done it is always much appreciated.