job threatened

[naleybrucas]

I have been working for a company for over 3 years and worked up to a management position. I have been a manager for a year now. My availability going into management was dayshift 7-4. At a later date I was transfered to another store, but shortly before that I had opened up my availability to more shifts. I closed 4 times (night shift) before I was transfered....I had only changed my availability because I had another person in my house who was able to watch my children while I worked. So I was asked to transfer shortly after and be the closing manager. I agreed. While doing so, the person I had helping me out with my kids moved out and I was left with no one but my disabled mother to watch my childen. It was very difficult for her to watch my children, but I could not just ask for a shift change at that store because there were only really 2 shifts, and there was already someone else on the other shift, full time. I liked being at that store so I didn't want to transfer either, or ask to be. Anyway, after 8 months in that store it wasclosed down and I just recently returned to the store I worked prior to the transfer. When I was asked for my availabilty I put in for my day shift hours back. I just can no longer work nights...not because I don't want to, but because it is what I have to do for my children. I was put on the schedule for days, but the day the district supervisor came in, he sat down with me and the store manager and asked me about my availability. I gave him every reason why I needed back on days, but then he tells me that there are too many people on dayshift and that I need to open up my availability. He said that I have one month to open up my availability and if I can't he doesn't seem to think there will be a place for me. I did not confront him on this at the time. I am assuming that he is telling me that I will either be demoted or terminated, I don't know which, but I am really upset. I don't think he can do that, can he? is that legal? what should I do? call labor board?

 

[Gail_in_Georgia]

Your place of business is such that it requires different shifts of work. Your district supervisor is telling you that you may, in the future, need to be available to work a shift different than the dayshift. He is giving you a month to find some childcare help. In many places nowadays this would be a generous amount of time.

In other words, he is telling you that they would like to keep you but if you are not able to be moved to another shift you may be terminated.

Hopefully in this months time you can work something out in terms of childcare.

Gail

 

[cbg]

What he is doing is absolutely legal. To put it bluntly, your child care issues are not his problem. He decides when he needs you to work; you do not decide when you can work. He is doing more than the law requires in giving you time to find adequate childcare; he could tell you that you have to change shifts today or be fired, and that would be legal.

 

[naleybrucas]

No, this is a company that makes it known they have flexible scheduling and that they work with you. If he decides when I work then he should have just made my schedule for me, but I was asked for my availability. I gave it. There are so many other managers, in my store and in others that are in the same franchise that only work one specific shift, so shouldn't they have to be asked to open up their availability also if he's threatening my job over mine? Why am I the one being targeted for this?

 

[cbg]

I hope you don't expect us to know the answer to that question. But the fact remains, your employer is not violating any laws and is, in fact, doing more than the law requires.

And how do you know that they haven't also been asked to open their availablity? The boss doesn't have to tell you what he's doing with other employees any more than he has to tell them what he's doing with you.