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Advice sought on handling crappy employmer situation

Advice sought on handling crappy employmer situation

Old Jan 9th 2010, 2:59 pm
  #1  
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Default Advice sought on handling crappy employmer situation

Mrs tonrob is having a situation with her employer and I'd appreciate any thoughts or advice anyone could share.


Here are the facts:


- Mrs tonrob works in a hotel as an assistant manager. She has been there for just over 14 months.

- The hotel owners just fired their hotel management company (Mrs tonrob's employer) and took over the management of the hotel themselves (therefore becoming Mrs tonrob's employer) as from 1st Jan.

- Mrs tonrob holds a salaried position and was originally hired to work 5 days a week. She worked around one weekend per month and took lieu days off during the following week to compensate.

Now, the hotel owner is saying that both she and her boss (the hotel manager) need to work 6 days one week, 5 days the next - therefore working one day every second weekend. This is without being allowed to take a day off during the week and without any extra pay.

Mrs tonrob is not prepared to do this. She only gets one week's vacation a year and this would mean that 50% of her weekends are also impacted by the removal of one day off.

We need to devise a strategy here. She was given this new information last night by the new management team who had visited the hotel for the whole week as part of an on-boarding process. The twats basically told Mrs tonrob and her boss about these new 'conditions' just minutes before running out the door and flying home.

Option 1:

Mrs tonrob basically toughs it out while looking for a new job. How long this will take is obviously anyone's guess.

Pros: Stays employed
Cons: Has to put up with this crap in the meantime

Option 2:


Mrs tonrob just quits now.

Pros: Her ego remains intact.
Cons: We have to live off just my wages but this is do-able (only just and with some sprout rationing).

Option 3:

I'm wondering whether there is a way that we can get them to fire her. This new imposition is far from fair (did I mention they've obliterated the 5 days' sick pay they used to have too?). If we can find a way for her to dig her heels in (write to them outlining what she was hired for and saying that she doesn't accept these new conditions?) then they could decide to let her go and she can claim unemployment...? We wouldn't be trying to win a court case here or anything, just be able to claim unemployment while she sought a new job.

Her rights as an employee are probably nil here - we know. The new company has handled all of this in a shabby way though and we want to try to get the best of the situation.

Added info: Mrs tonrob is pregnant - just 10 weeks - and could do without this kind of hassle.




Edit: Re-read the content three times but managed to bugger up the title....

Last edited by tonrob; Jan 9th 2010 at 3:02 pm.
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Old Jan 9th 2010, 3:10 pm
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Default Re: Advice sought on handling crappy employmer situation

Originally Posted by tonrob View Post
Mrs tonrob is having a situation with her employer and I'd appreciate any thoughts or advice anyone could share. ....[/I]
Congratulations on the pregnancy!

Your missus is in a difficult spot, but you left out Option 4: move back to the UK where such shit would be illegal...

If this is not possible, and given her condition, I guess I would go for Option 1 and hope for Option 3 to present itself.

Keep smiling - and remember your foetus needs sprouts!
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Old Jan 9th 2010, 3:20 pm
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Default Re: Advice sought on handling crappy employmer situation

Originally Posted by Elvira View Post
Congratulations on the pregnancy!

Your missus is in a difficult spot, but you left out Option 4: move back to the UK where such shit would be illegal...

If this is not possible, and given her condition, I guess I would go for Option 1 and hope for Option 3 to present itself.

Keep smiling - and remember your foetus needs sprouts!
Thanks Elvira!

I'm wondering whether she can simply refuse to accept the new schedule. They'd have to fire her then, wouldn't they?
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Old Jan 9th 2010, 3:24 pm
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Default Re: Advice sought on handling crappy employmer situation

Maybe her doctor can say that the new schedule is unacceptable on medical grounds?

Is there any kind of legal advice center for employees in your state? I'm guessing it's not a union position.
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Old Jan 9th 2010, 3:35 pm
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Default Re: Advice sought on handling crappy employmer situation

Originally Posted by tonrob View Post
Thanks Elvira!

I'm wondering whether she can simply refuse to accept the new schedule. They'd have to fire her then, wouldn't they?
I have no idea, but from what I've heard and read, employers in the US can do pretty much anything they like. Does she even have an employment contract? What are your states employment laws?

Also, if they hear that she's pregnant, they might just sack her anyway.

I think you'd want to take legal advice before making a decision of this kind.
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Old Jan 9th 2010, 3:59 pm
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Default Re: Advice sought on handling crappy employmer situation

Getting fired might be useful short term, but might impact her employment prospects long term.

How about taking option 1 long enough to build up some savings - i.e., you bank her entire pay check - and then switch to option 2 when you're on a firmer footing?

Sounds like there won't be too much traction gained by arguing. It stinks of cost savings solely through mistreatment of employees.
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Old Jan 9th 2010, 4:02 pm
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Default Re: Advice sought on handling crappy employmer situation

Originally Posted by tonrob View Post
I'm wondering whether she can simply refuse to accept the new schedule. They'd have to fire her then, wouldn't they?
I wouldn't hesitate to make this my plan.

It puts the ball in their court. They can either give her both days per weekend off, or fire her.
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Old Jan 9th 2010, 4:08 pm
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Default Re: Advice sought on handling crappy employmer situation

Originally Posted by tonrob View Post
Mrs tonrob is having a situation with her employer and I'd appreciate any thoughts or advice anyone could share.
Can't offer advice as I won't even pretend to know much about employment laws here. Still can't get to grips with how employees are treated like chattels here.

We were all called to a 'mandatory' meeting at work last week and were told about some changes in our working conditions, all ultimately to reduce our earnings in the long run, and told in no uncetain terms that if we don't like it we know where the door is.

Hope you find the right solution, and congrats on the pregnancy
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Old Jan 9th 2010, 4:41 pm
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Default Re: Advice sought on handling crappy employmer situation

She may be able to resign her position AND draw her unemployment benefits.

Do some research on benefits in your state of residence. Where we live, if the employer makes substantial changes to the employee's situation and those changes can be shown to be unreasonable or of detriment to the employee, the employee may be granted benefits.

Being asked to work extra hours without compensation sounds like that may fit the bill. Just because someone is salaried does not mean they are exempt from wage law either.
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Old Jan 9th 2010, 4:45 pm
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Default Re: Advice sought on handling crappy employmer situation

Originally Posted by Elvira View Post
I have no idea, but from what I've heard and read, employers in the US can do pretty much anything they like. Does she even have an employment contract? What are your states employment laws?

Also, if they hear that she's pregnant, they might just sack her anyway.

I think you'd want to take legal advice before making a decision of this kind.
She had an offer letter from the original hotel management company, that she signed, but has had nothing from the 'new' company (i.e. the hotel's owners).

Not sure if they'd break any laws or not by sacking her for being pregnant, but she'd probably get unemployment for that I think.

She claimed unemployment once before, and I think they paid the equivalent of two thirds of her previous salary for several months.
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Old Jan 9th 2010, 4:47 pm
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Default Re: Advice sought on handling crappy employmer situation

Originally Posted by AdobePinon View Post
Getting fired might be useful short term, but might impact her employment prospects long term.
Maybe... but she might want to take a career break following the baby which she'd use to explain away the ending of her current job to any future employer (if she didn't manage to get any more work between now and the birth).
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Old Jan 9th 2010, 4:48 pm
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Default Re: Advice sought on handling crappy employmer situation

Originally Posted by tonrob View Post

She claimed unemployment once before, and I think they paid the equivalent of two thirds of her previous salary for several months.
Two thirds is better than none?
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Old Jan 9th 2010, 4:49 pm
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Default Re: Advice sought on handling crappy employmer situation

Originally Posted by rebeccajo View Post
She may be able to resign her position AND draw her unemployment benefits.

Do some research on benefits in your state of residence. Where we live, if the employer makes substantial changes to the employee's situation and those changes can be shown to be unreasonable or of detriment to the employee, the employee may be granted benefits.

Being asked to work extra hours without compensation sounds like that may fit the bill. Just because someone is salaried does not mean they are exempt from wage law either.
Will look into that. She works in CT but lives in MA. Wonder which state's rules would apply?

Googling as we speak.

Originally Posted by rebeccajo View Post
Two thirds is better than none?
Hell yes!
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Old Jan 9th 2010, 4:52 pm
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Default Re: Advice sought on handling crappy employmer situation

Originally Posted by tonrob View Post
Will look into that. She works in CT but lives in MA. Wonder which state's rules would apply?


Depends on which state's fund they have been paying into. If the books are done on site it probably wouldn't be hard to ask the co-worker who pays the premiums. Most likely it will have been CT.

Last edited by rebeccajo; Jan 9th 2010 at 4:58 pm.
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Old Jan 9th 2010, 4:56 pm
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Default Re: Advice sought on handling crappy employmer situation

I'm so sorry to hear about this. I was made redundant when I was six months pregnant and it worried me no end (although the time off to just take it easy was very welcome!)

I'd agree with the refusal to accept the new conditions plan. If they get rid if her then it will hopefully work out. The only drawback would be finding a new employer while she's pregnant. Completely unfair, but unfortunately true.

What rotters. I hope it turns out ok and congratulations on the new babba! Sprout-tastic!
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