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I am a salaried Testaurant manager,which I know has few

Customer Question
I am a salaried...

I am a salaried Testaurant manager,which I know has few rights

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

The last few months things have changed. Were no longer allowed two days off in a row or weekends off period. Two weeks ago they took our days off away without return the following week. Then my managet went on vacation and i asked for help covering a couple shifts i was told i was needy. Next i was off and at a dr appt when my manager needed to leave to get her sick child from day care and i missed the call due to dr visit.next came the day o was scheduled off at 6 pm. Stayed until 620 pm but had to leave to pick up my children from day care because it was the one day my wife worked late. Well the restaurant was busy and i returned to help once my wife arrived only to get scolded for leaving after i was already scheduled off. I was told i should have left my children at day care after closing because the restaurant needed me

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No hr yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No union. Yes Texas at will state. Lastly there wanting to document me for these issues

Submitted: 4 months ago.Category: Employment Law
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Answered in 13 minutes by:
3/19/2018
Employment Lawyer: Attorney Wendy, Lawyer replied 4 months ago
Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,202
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I am sorry you find yourself in this situation. As you may know, as an at-will state, you or your employer may terminate the employment relationship at any time for any reason or no reason as long as the reason is not illegal (e.g., discrimination). And all too often bad or unprofessional managers, co-workers or supervisors can make the work environment unpleasant. Unfortunately, unless those actions violate a company established policy or violate law (e.g., discrimination or harassment), there is often little that can be done from a legal perspective. I am as confused as you why you would need to document or explain yourself if you left to get children after you were already scheduled to be off, unless you left the restaurant understaffed or in some other position where it made it difficult for the restaurant to operate, which it does not sound like was the case. Similarly with the doctors appointment while you were not working. It is true that as a salaried employee, your employer may expect you to be more available and to work past scheduled hours when necessary for smooth operation of the restaurant. And, it appears you understand that obligation - thus your return the evening you left to pick up your children. If providing documentation would put the issues to rest, it may be worth considering and then determining how best to address the overall situation with this manager.

You may want to consider meeting with HR - if your restaurant has an HR Department - or someone who supervises both you and the other manager to discuss the situation. Often communication and asking questions about what is expected can make it easier moving forward. If there are policies in place that describe the off-duty availability a manager should have that is one thing, if not, that may be worth discussing. It would seem reasonable in a restaurant setting that if one manager needs to leave unexpectedly that they contact the other to see if that person can come in; but if that person is scheduled to be off you likely can't expect that person always to be immediately available (e.g, at a doctors appointment, at a movie, etc.)

I hope this helps. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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