Results 1 to 5 of 5

Hybrid View

  1. #1
    Join Date
    Mar 2011
    Posts
    2

    Default Supervisor Giving Orders While Off-Duty

    My question involves labor and employment law for the state of: Georgia

    I hope this is the correct forum subsection for this question, and if not feel free to move to a more appropriate section.

    I work in the corrections field as a state employee and was recently promoted to a mid level supervisory role. Since being promoted I was awarded an assistant shift supervisors position working under the main shift supervisor who is one pay grade above me. On the two days that my supervisor has off each week, I am the shift supervisor and entrusted with running things in their absence.

    I am having an issue with my supervisor, where the individual will call in - while off the clock and off duty and attempts to give orders/directives on their off days. I have addressed this with the director of the facility that I work at and the supervisor in question was told to back off and trust my decision making abilities due to my qualifications, work knowledge and appointment to this trusted position. I am empowered to make all decisions in my supervisors absence. Since going to my director about this, the supervisor continues to call in and attempts to micro-manage things when they are not there. I am now in a position of being written-up for insubordination due to not being able to follow a certain directive due to the fluidity of things in a correctional setting. I have 7 years with this department, and this attempted write-up could get me fired and/or affect the long term promotional aspects of my career with this organization.

    I have worked for the US Military and one other state agency in my lifetime, and I have never been subjected to this level of micro-management; where an off duty supervisor will call in and try to run things. I have went over our departments work policy with a fine tooth comb and cannot find any information that would even remotely hint at expanding the ministerial or discretionary powers of a supervisor in this manner when in an off-duty status.

    I'm really not certain what my question would be other than to inquire whether this is more of a departmental issue, or if there are actual guidelines(state or federal) that exist by which the authoritive scope of off-duty personnel is defined. I feel this write-up is unjustified and I need to know how to protect myself if it escalates towards possible termination on my behalf.

    Any input is greatly appreciated.

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Off the Clock And/or Off Duty Supervision

    Did the military not teach you anything about chain of command? This person is above you and therefore entitled to manage you, whether present or not. You jumped the chain of command, presumably without trying to address it directly with your immediate supervisor. How do you know, for a fact, that the supervisor was told to back off? Yes, the supervisor should give you some room to spread your wings, but given the high stress/danger environment you are in, they may address concerns that they have. Neither the supervisor nor the facility wants to be left holding the bag if something happens on your shift that could have been prevented.

    The supervisor, if hourly, could get the employer in trouble if being allowed to work off the clock, i.e. calling you while off duty to manage things. If there is anything in the employee handbook about working off the clock for hourly employees, the supervisor could get in trouble for that as well but it probably won't help your situation. Is your facility union, if so have you spoken to the union rep about the situation?

    The supervisory staff at every job I've ever had were salaried and thus, technically, on the clock all the time. They have also always, at some time, called in with instructions while they are off. I never questioned, nor ever encountered anyone else who has, their authority to do so. This was even when I was a supervisor myself, I still answered to someone. But that is my experience only.

  3. #3
    Join Date
    Mar 2011
    Posts
    2

    Default Re: Off the Clock And/or Off Duty Supervision

    @free9man

    This was discussed in a face to face meeting with the director, myself and the supervisor in question after personal discussions with the supervisor went no where. The supervisor was told that I was more than capable of running the shift in their absence and the director even asked if the supervisor was keeping track of, and turning in the time that was spent making these calls. I can only assume this was done out of FLSA concerns because we are worked the maximum number of hours in each scheduling period already. I respect and embrace the chain of command, and I make every effort to run the shift according to policy, but for the supervisor in question to call in on their off day, and attempt to give me a directive that I was "unable" to follow due to the ever changing dynamics of the situation in question, which would have resulted in policy being broken and would have put myself and other employees at severe legal risk. That is asking a bit much and it's why I feel this write-up is unjustified. Remote, arm-chair supervision might be acceptable in a manufacturing, financial and other industries, but it is not acceptable in my line of work, and stands the chance of getting people hurt, killed and/or on the receiving end of a lawsuit.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Off the Clock And/or Off Duty Supervision

    The supervisor was told that I was more than capable of running the shift in their absence and the director even asked if the supervisor was keeping track of, and turning in the time that was spent making these calls.
    yet I don't see where the director said the sups actions were not allowed or that he was to cease issuing directives from home. In fact, he actually supported the sups right to do what he is but the only concern is due to the possible FSLA ramifications.

    I suggest you learn how to play nice and follow the directives of your superiors and not question everything you are told to do. If an action would cause an unsafe or illegal action, then obviously you would have to adjust your actions based on either of those possibilities. I suggest an extreme amount of notes to justify your actions if they are contrary to your sups directives.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Off the Clock And/or Off Duty Supervision

    I'm really not certain what my question would be other than to inquire whether this is more of a departmental issue, or if there are actual guidelines(state or federal) that exist by which the authoritive scope of off-duty personnel is defined.

    It is a departmental issue. You will not find a law that says you are free to disregard your supervisor as long as s/he is off the clock at the time they give you a directive.

    1. Sponsored Links
       

Similar Threads

  1. Drug Trafficking / Distribution: Supervisor Handing Out Vicodin
    By Aretelio in forum Criminal Charges
    Replies: 3
    Last Post: 07-20-2010, 08:40 AM
  2. Disciplinary Issues: Backstabbing Supervisor
    By UpagainstMrBig in forum Employment and Labor
    Replies: 5
    Last Post: 11-22-2007, 05:41 PM
  3. Discharged for Following Supervisor's Directions
    By chiefs in forum Employment and Labor
    Replies: 1
    Last Post: 11-20-2007, 05:41 PM
  4. Problems with a Supervisor
    By kcam in forum Employment and Labor
    Replies: 8
    Last Post: 10-21-2007, 02:07 AM
  5. Speeding Tickets: Off-Duty Cop Paces, On-Duty Cop Issues Ticket
    By grr in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 04-06-2007, 12:44 PM
 
 
Sponsored Links

Legal Help, Information and Resources