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Do I Have Any Rights in This Situation

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  • 04-05-2012, 05:49 AM
    Ardiente
    Do I Have Any Rights in This Situation
    My question involves labor and employment law for the state of: NEW YORK

    Hello everyone. I am an employee at a restaurant on Long Island. I am experiencing extreme harassment from my manager and am feeling quite strung out from the abuse. I work part time and go to school full time. I specifically told my boss during the annual rehiring process (this is my third season here) that working Sundays would not be ok for me that I would be unavailable because I have a heavy workload at school and need at least one day a week off from everything to study. We agreed that if she really needed me on a Sunday she would tell me and we would discuss whther I could work or not. There would be some days tht I would be required to work (like Easter), but I expected that and agreed. Since then she would normally respect my boundary up until the last two months has been very stressful. She will schedule me on Sundays when she or another "favorite" worker wants time off for vacation and wont tell me until i see it posted on the schedule when it becomes difficult to change the schedule and take me off for that day. When I bring up to her that I said from the beginning I was not available and she agreed she begins to threaten me by saying, "if you cant work then well just cut you off from the schedule for good. You can study any other day youre fine but we can replace you if you cant work on sunday."
    She makes me feel so bad and bullies me into working the days I cant by dangling my job infront of me. I need to work while I go to school and this has been so streasful its hurting my marks at school because I have to sacrifice time for studying to work ontop of stress and fear that i will lose my job and car (i make payments). Please help. I even went on a trip recently for school and immediately she complains that Im just trying to take off to spend time with my Fiance which is not true. And is also not her business. The stress is hurting me please help!
  • 04-05-2012, 05:55 AM
    antrc170
    Re: Do I Have Any Rights in This Situation
    The only advice is to find a new job. The law doesn't require that your employer work around your schedule and your employer can fill you in on the schedule as she see's fit. The law doesn't require that your boss be nice to you either, she can be rude and threaten you with termination if you fail to show up for work.
  • 04-05-2012, 06:04 AM
    Ardiente
    Re: Do I Have Any Rights in This Situation
    Do i have any rights as a student with educational obligations? I do show up for work and have only complained about the one day I asked not to be scheduled. I do fill in and come in early for people who call in sick during other days I am not scheduled. I work very hard and feel i dont deserve to be threatened.
  • 04-05-2012, 06:06 AM
    Disagreeable
    Re: Do I Have Any Rights in This Situation
    Quote:

    Quoting Ardiente
    View Post
    Do i have any rights as a student with educational obligations? I do show up for work and have only complained about the one day I asked not to be scheduled. I do fill in and come in early for people who call in sick during other days I am not scheduled. I work very hard and feel i dont deserve to be threatened.

    No. Being a student gives you no special treatment under the law.
  • 04-05-2012, 06:07 AM
    antrc170
    Re: Do I Have Any Rights in This Situation
    Being a student is not a protect class of citizen. I worked full time as well as go to school full time, a lot of students do. It doesn't change your status as a worker or give your special consideration to demand anything from an employer.

    We've all had crappy bosses in life. You need to decide if the job is worth the stress or if you'd be better off working somewhere else because your employer hasn't violated any of your rights or laws.
  • 04-05-2012, 06:44 AM
    Beth3
    Re: Do I Have Any Rights in This Situation
    Do i have any rights as a student with educational obligations? No. While it would be nice if your employer was considerate of your need to attend class and study, no laws require them to do so. Your only option is to find a new job with hours that suit your personal needs better.
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