My wife works in a restaurant, and the power-tripping manager has instituted a new policy where all shift changes must be approved by management. I think that is reasonable enough, but they’re also asking the originally-scheduled employee why they are switching shifts, then approving or denying based on the answer.

For example, her coworker (Tom) wanted Monday afternoon off, and Harry agreed to cover the shift. The manager asked Tom why he wanted Harry to work for him, and Tom said, “I have a softball game.” Manager denied the shift change because it was “unnecessary”.

Is this legal? I feel like if you’re able to find someone to cover your shift, you don’t owe management any explanation why you need the time off. How should my wife approach this situation? Colorado, USA BTW.

    • dicksinabag@lemmy.world
      link
      fedilink
      arrow-up
      75
      ·
      1 year ago

      Exactly. I’m a manager and literally never ask the reason unless it’s longer than a week. They like to tell me anyway even though I’ve told them I don’t care.

      • JDubbleu@lemmy.world
        link
        fedilink
        arrow-up
        17
        ·
        1 year ago

        I can’t imagine having a manager like in this post. I had to get a few hours coverage for my on call shift to pick my partner up from the hospital for an outpatient surgery. Manager didn’t ask why I needed coverage but it just happened to come up. They immediately offered to get my entire shift moved without me even asking.

      • SilentStorms@lemmy.fmhy.ml
        link
        fedilink
        arrow-up
        11
        ·
        1 year ago

        Seriously don’t understand managers like this. Also a manager, qnd I’ll even find the coverage if someone needs a day off. I know how nerve wracking it is as an employee calling around asking someone to cover your shift, its a lot easier for me to send a mass text. Incidentally, the staff seem much more willing to pick up shifts this way.

    • Rivalarrival@lemmy.today
      link
      fedilink
      arrow-up
      10
      ·
      1 year ago

      Could go into great detail about significant health issues, becoming more and more emotional as you go on, and tearfully asking “why would you make me talk about this? I wanted to keep this private! I haven’t even told my family yet!”.

    • DrQuint@lemmy.world
      link
      fedilink
      arrow-up
      5
      ·
      1 year ago

      And if the boss still refuses, have them put it in writting. So that you can slam them with the “Boss demanding medical information”

    • zalack@kbin.social
      link
      fedilink
      arrow-up
      37
      arrow-down
      2
      ·
      edit-2
      1 year ago

      I’m not sure it would be legal if they were forced to reveal medical information.

      • atzanteol@sh.itjust.works
        link
        fedilink
        arrow-up
        32
        arrow-down
        3
        ·
        1 year ago

        Christ are we going to be having “hippa”(sic) arguments again?

        You can refuse to answer - I sure would. Or just say you have an appointment. Being asked is not illegal.

        Then I assume the jerk will just deny your request.

        • zalack@kbin.social
          link
          fedilink
          arrow-up
          19
          arrow-down
          1
          ·
          1 year ago

          Right, but if you’re request for denied for something medically necessary unless you revealed it, you went anyway (because it’s necessary), and then you got fired… That feels like it shouldn’t be legal (obviously that doesn’t mean that it isn’t).

        • ryathal@sh.itjust.works
          link
          fedilink
          arrow-up
          2
          ·
          1 year ago

          People think hippa is magical medical privacy. It has fuck all to do with telling your manager anything. It only applies to medical professionals or those who may see your records as part of their job. If your manager also processes insurance claims, then it applies, otherwise it’s not different than telling a neighbor.

      • Ghostalmedia@lemmy.world
        link
        fedilink
        arrow-up
        9
        ·
        edit-2
        1 year ago

        That would be a violation, but it is perfectly m legal to ask if someone is going on generic “sick” or “medical” time off or leave. Every company I’ve ever worked for has had be declare my PTO as sick leave or discretionary time off. And the latter is what it means, it’s at the discretion of the manager to approve it.

        • zalack@kbin.social
          link
          fedilink
          arrow-up
          3
          ·
          1 year ago

          Sure, but that assumes this manager would be happy with generic “medical stuff” as an answer…

          • Ghostalmedia@lemmy.world
            link
            fedilink
            arrow-up
            6
            ·
            edit-2
            1 year ago

            Worst comes to worst, they could ask for a doctor’s note. And doctors notes are always pretty generic and basically say “yup, they can’t work.” But if the manager does ask for Dr’s notes, they need to apply the policy equally to all employees.

            It’s usually a HIPAA violation if an employer asks for specifics about a medical issue.

            Source: I’m a people manager who has had to go through a bunch of trainings about these laws.

        • Slatlun@lemmy.ml
          link
          fedilink
          arrow-up
          1
          ·
          1 year ago

          Sorry but most restaurant work doesn’t come with paid time off or sick leave. You either work and get paid or don’t work and don’t get paid.

    • Ghostalmedia@lemmy.world
      link
      fedilink
      arrow-up
      13
      ·
      1 year ago

      Correct, non sick leave is usually considered discretionary time off; meaning, it’s at the discretion of the manager to approve it.

      That said, this manager sounds like a nut job. It’s legal to be a hard ass, but people don’t have to remain working for you.

      • neocamel@lemmy.studioOP
        link
        fedilink
        arrow-up
        5
        ·
        1 year ago

        I see what you’re saying, but we’re not talking about requesting a paid personal day. We’re talking about having you’re shift covered by another person, and having that denied because management doesn’t like the reason you want the shift covered.

  • Dandroid@dandroid.app
    link
    fedilink
    arrow-up
    98
    arrow-down
    1
    ·
    1 year ago

    I would decline to answer, and if pressed, say something vague, such as, “a medical procedure”. That should be enough for most people, but if it they keep pressing, I would come up with something embarrassing, such as, “I need the time off to get my anal prolapse taken care of.” Then be upset that you had to disclose private medical information and ask to speak to HR.

    • shanjezi@lemmy.world
      link
      fedilink
      arrow-up
      38
      arrow-down
      2
      ·
      1 year ago

      Despite the fact that, as another user pointed out, restaurants rarely have an HR department, it is important to remember that HR exists solely to protect the company. They are not there to advocate for your rights as an employee. If you think your rights have been violated at work, you should contact your state’s labor department (assuming you are US based). My state even has a nice website that outlines your rights as an employee and a form you can submit if your rights have been violated.

      • neekz0r@lemmy.ml
        link
        fedilink
        arrow-up
        16
        ·
        1 year ago

        100% this. A former coworker was fired a month ago because he filed an HR complaint about his boss, because the boss was being an asshole to him (according to co worker).

        This is the same boss who joked about beating his wife and kicking his dog in a meeting, so I’m fairly certain it’s true.

        HR is NEVER your friend.

        • halcyoncmdr@lemmy.world
          link
          fedilink
          arrow-up
          1
          ·
          1 year ago

          If that’s the case and they aren’t leaving out pertinent information, that’s a pretty clear case of retaliation, which is illegal in many/most US states, even those without robust worker protection laws.

        • GBU_28@lemm.ee
          link
          fedilink
          arrow-up
          1
          ·
          1 year ago

          Sounds like he didn’t have documented proof sufficient to bring a suit against the company. Sucks but save your emails. Forwarding is free

      • Dandroid@dandroid.app
        link
        fedilink
        arrow-up
        9
        arrow-down
        1
        ·
        1 year ago

        That’s exactly the point. HR is there to protect the company from you suing them for forcing you to provide personal medical information that you weren’t comfortable sharing.

      • GBU_28@lemm.ee
        link
        fedilink
        arrow-up
        3
        arrow-down
        1
        ·
        1 year ago

        Yes you use HR as a weapon against such a manager for perceived federal protection violations

      • crimroy@lemmy.world
        link
        fedilink
        arrow-up
        1
        arrow-down
        4
        ·
        1 year ago

        Ehh, I’ve worked in HR for 20 years and this isn’t even close to true. It’s what angry losers like to shout on reddit and now lemmy bc they’ve been fired. The whole point of hr is to balance between employees and the company. Sorry you got fired, I’m sure you’ll find your talents valued somewhere else

    • Chrisosaur@startrek.website
      link
      fedilink
      arrow-up
      32
      arrow-down
      1
      ·
      1 year ago

      I don’t know if you were addressing the specific case mentioned, but if someone has a softball game they want to go to, and they say they have a medical procedure to take care of, that could easily be grounds for termination.

      Best answer I can think of is to unionize and negotiate a CA that includes shift trade rights. Short term, I don’t think there’s much you can do if the company wants to be a dick.

    • bipmi@beehaw.org
      link
      fedilink
      arrow-up
      23
      arrow-down
      1
      ·
      1 year ago

      In my experience most restaurants dont even have HR lmao. My mileage obviously varies but I have worked a few food industry jobs, and exactly 0 had any HR person other than the managers and assistant managers themselves

  • Cylusthevirus@kbin.social
    link
    fedilink
    arrow-up
    79
    ·
    edit-2
    1 year ago

    Always give your boss as little information as possible. They aren’t entitled to it and are much more likely to use it against you.

    I say that as a manager. It’s just good practice. If the manager doesn’t know exactly why you’re taking the day off, they can’t be held accountable for it either.

    • lps2@lemmy.ml
      link
      fedilink
      arrow-up
      22
      ·
      1 year ago

      As a manager, I don’t give a flying fuck why my team wants to take time off. Wanna sit on your ass and play video games for a week straight, cool all good by me : just let me know the dates, check their PTO balance, and ensure it doesn’t conflict with key deliverables and if so either work out a plan for coverage or suggest they look for a different time to take off if possible

    • AshDene@kbin.social
      link
      fedilink
      arrow-up
      11
      ·
      1 year ago

      Yeah, I don’t know what Colorado’s laws are on this in general, but even if it’s technically legal it seems like a huge risk that someone is going to plausibly allege that given the specific facts denying them time off was race/religion/family status/… discrimination. It might be legal (don’t know), but it’s a stupid policy for a number of reasons.

      • Tolookah@discuss.tchncs.de
        link
        fedilink
        arrow-up
        6
        ·
        edit-2
        1 year ago

        “I’ve got a christening, communion, marvel movie, spaghetti dinner to attend. It’s religious.”

        Or

        “I’m re attaching my leg, keeps falling off. Medical things and getting old are hard, right?”

  • ImplyingImplications
    link
    fedilink
    arrow-up
    69
    ·
    1 year ago

    I have a co-worker who says her reason for the time off request is always gynecology related. Bosses never ask questions.

  • meteorswarm@beehaw.org
    link
    fedilink
    arrow-up
    46
    ·
    1 year ago

    One way you might resolve this is to get everybody talking about it without the boss there. I bet nobody likes the policy. Maybe everyone would agree to not give a reason, or to give the same reason that is an obvious lie?

    • CurlyWurlies4All@prxs.site
      link
      fedilink
      arrow-up
      59
      arrow-down
      1
      ·
      edit-2
      1 year ago

      Maybe if all the employees presented a united front. Like a sort of joint group of just the employees. Together in a union of sorts.

    • InputZero@lemmy.ml
      link
      fedilink
      arrow-up
      9
      ·
      1 year ago

      Everyone should always say ‘its because I’m on my period.’ Men and post menopausal women too. It could be great, if the first few times the younger women use the line it works. Then whenever someone who doesn’t have menses uses it, everyone unites together and puts a little bit of their labor to helping a coworker. It’d be nice if there was a name for something like that.

  • zik@lemmy.world
    link
    fedilink
    arrow-up
    45
    ·
    1 year ago

    “Personal reasons”. If they continue to pry just say it’s extemely personal and hopefully they’ll back off.

    • acunasdaddy@lemmy.world
      link
      fedilink
      arrow-up
      47
      arrow-down
      1
      ·
      1 year ago

      If this is in the US employment contracts are virtually nonexistent.

      If a policy doesn’t discriminate against a protected class, it’s pretty much legal. Your recourse is to find another job.

      • ristoril_zip@lemmy.zip
        link
        fedilink
        arrow-up
        1
        ·
        1 year ago

        I am pretty sure at any firm bigger than a mom & pop, there will be some sort of written agreement that the employee signs that establishes their intent to work for the employer. That’s an employment contract even if it’s not labeled as such. For example, they can sue if they aren’t paid their agreed compensation. Because there’s a contract for them to receive that compensation.

        • acunasdaddy@lemmy.world
          link
          fedilink
          arrow-up
          1
          ·
          1 year ago

          This is not correct. Wage theft is protected by law, not contract.

          An offer letter is specifically not an employment contract - that distinction is usually spelled out in the law and also in virtually every offer letter.

  • Mugmoor@lemmy.dbzer0.com
    link
    fedilink
    arrow-up
    41
    ·
    edit-2
    1 year ago

    In Ontario that’s perfectly legal. It’s also legal for you to decline to answer that question.I worked in kitchens for about 15 years and came across that problem at about 1/3 of the places I worked. Not super uncommon, the industry is filled with flakes.

    Keep in mind in most jurisdictions Restaurants get special labour rules.

  • BellyPurpledGerbil@sh.itjust.works
    link
    fedilink
    arrow-up
    39
    ·
    1 year ago

    I think I would simply comply, maliciously.

    What’s my reason? I’m going on a journey in alignment with my religion. Try telling me I can’t follow my religious beliefs on the record.

    • intensely_human@lemm.ee
      link
      fedilink
      arrow-up
      1
      arrow-down
      1
      ·
      1 year ago

      I work retail and have tuesdays off for my men’s group, which takes 7 hours out of my day once travel is taken into account.

      A coworker advised me that if management ever asks about why I need tuesdays off, I should just say “It’s religious”.

  • Maerman@lemmy.ml
    link
    fedilink
    arrow-up
    28
    ·
    edit-2
    1 year ago

    I don’t live in the US, so I cannot comment on the legality of this. However, I will advise an informal policy of malicious compliance. If the manager asks why someone needs to take a day off, that someone should reply with incredibly graphic medical issues, whether real or fake. Think ‘I’m shitting blood and I need to see a doctor,’ or something like that. Keep it up for a few months and see how management responds.

  • pinwurm@lemmy.world
    link
    fedilink
    arrow-up
    23
    ·
    1 year ago

    Whats it say in the employee handbook regarding time off?

    It’s not the manager’s job to decide if someone’s personal obligations are necessary or not. It’s their job to assure there is coverage and the work is complete.

    If the employee is abusing the shift-change timeoff policy, that is a different story.

    If the manager is the owner, it may be a good idea for your wife to freshen her resume.

  • kava@lemmy.world
    link
    fedilink
    arrow-up
    20
    arrow-down
    3
    ·
    edit-2
    1 year ago

    Of course it’s legal. Why wouldn’t it be?

    She should approach it by either following the stupid rules or finding a new job

    I second others advice by saying as little as possible. “Family issues” “personal obligations” “health problem”

    No use being honest with a boss that isn’t understanding

    • jocanib@lemmy.world
      link
      fedilink
      arrow-up
      13
      arrow-down
      2
      ·
      1 year ago

      Of course it’s legal. Why wouldn’t it be?

      I’m assuming you’re USian?

      The question almost anywhere else in the wealthy world is why would it be legal? The manager does not need to know therefore the manager has no right to ask.

      • sphericth0r@kbin.social
        link
        fedilink
        arrow-up
        2
        ·
        1 year ago

        No that’s the case in the US too. I never ask why my employee wants time off, I don’t need to know any more about their personal lives, they tell me too much already…

      • kava@lemmy.world
        link
        fedilink
        arrow-up
        2
        arrow-down
        1
        ·
        1 year ago

        Yes I’m in the US and I gave US-centric advice because OP is in US.

        We all know US has shit labor laws. Although to be fair, I think in this scenario it would work the same way in ny home country of Brazil. When you want to switch you’re essentially saying “I’m not showing up to my shift”

        I’m not sure in what country that isn’t insubordination and isn’t subject to legal penalties by the employer.

        • jocanib@lemmy.world
          link
          fedilink
          arrow-up
          3
          ·
          1 year ago

          When you want to switch you’re essentially saying “I’m not showing up to my shift”

          Do you understand what a “switch” is?

          • kava@lemmy.world
            link
            fedilink
            arrow-up
            1
            ·
            1 year ago

            I’m thinking you don’t. “I’m not showing up to my shift but I have someone to cover for me” is still “I’m not showing up to my shift”

  • magnetosphere@kbin.social
    link
    fedilink
    arrow-up
    12
    ·
    edit-2
    1 year ago

    What bullshit. I’d make something up every time.

    Whether their request is legal or not, my personal life isn’t my employer’s business, and certainly doesn’t revolve around their “approval”.

  • ALoafOfBread@lemmy.ml
    link
    fedilink
    arrow-up
    12
    ·
    edit-2
    1 year ago

    A lot of incorrect answers here as to the legality - this is not a blanket 100% definitely legal situation. In the US, the boss can certainly ask why. But, if he denies leave for something that is discriminatory then that is an adverse employment action under Title VII of the Civil Rights Act if they employ at least 15 employees.

    For instance, if he doesn’t allow leave to someone to observe a religious holiday, but allows others to go on leave under similar circumstances, that could be illegal.

    A lot of things could be discriminatory. Its stupid of him to ask for specifics beyond medical vs personal.

    • neocamel@lemmy.studioOP
      link
      fedilink
      arrow-up
      2
      ·
      1 year ago

      My wife is of the opinion that a lot of these policies are being designed to make her work environment miserable. One of the main perks of that job is that two of her close friends also work there. The chef recently instituted a policy that the three of them are not to be scheduled on any shifts together because they “talk to each other too much”.

      This shift switch approval policy is new. Before, any shift swich had to be logged in a book, with both employee’s initials. Now, the manager also needs to approve the shift change, and she’s wanting to know why the change is requested, before she decides if she thinks it’s important enough to allow.

      It’s a person with .0001 oz of power, trying to get the most out of it.