Q. I recently worked a 15-hour day at the request of my manager. I am a waitress. When 2 p.m. approached, I was completing my shift and getting ready to leave. I told my manager my shift was almost over and I began to get ready to leave. He then told me that no one is leaving and I was not to leave the restaurant. I explained to him that I had just worked a 15-hour day. He said that if I left, he would assume that I have quit my job. I told him that my work was done and that I am scheduled to leave at 2. This does not seem ethical. Am I wrong?
A. It sounds like you were put in a difficult situation. Based on what you have presented, it appears that your manager was insensitive to your needs and did not communicate well with you, but it does not sound like he broke the law. There is no law that restricts an employer from requiring an employee to work 15 hours in a single day, though there are some exceptions. If you are a minor (under 18 years old) for example, there are some restrictions with regard to work hours depending upon the age of the minor and the industry.
Also, there are some occupations where an employer may be required by law or by contract to limit the number of hours an employee may work for safety or other reasons (i.e., truck drivers or airline pilots).
I consulted Joseph L. Edwards, an employment law attorney with Prince, Lobel, Glovsky and Tye LLP. Edwards said "you, or any employee may leave at the end of the shift, but the employee has not quit, no matter what the manager says. Instead, the manager would have to terminate the person's employment." Edwards also said you may file an unemployment claim if you were terminated. Further, he said that you may win if the employer challenges your right to unemployment benefits. You will only be disqualified from receiving benefits if you quit without good reason, intentionally engaged in misconduct, or deliberately violated a uniformly enforced rule of the employer, none of which occurred here.
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According to Mike McInnis, vice president of marketing at cMarket in Cambridge, recent college graduates entering the marketing field can differentiate themselves if they have some relevant work experience in their background. McInnis said, "An internship is a great way to develop practical skills and get experience that many employers will find invaluable." Summer jobs and sometimes volunteer opportunities can also serve to build your marketing expertise.
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A. Balancing work and other responsibilities is a challenge for many of us. Caring for children, aging parents, spouses, and other loved ones can be an overwhelming task and often can not always be handled after work hours. It is often assumed that flexible work arrangements are only needed by parents for reasons related to children. Employees without children may also need flexible work arrangements.
According a recent report, "When Work Works," written by Dana E. Friedman of the Families and Work Institute, research shows that flexibility can improve employee engagement and job satisfaction and reduce stress. The report discusses that flexibility is an important strategy for many employers partially because the Department of Labor reports that our labor force is growing less than 1 percent annually and the number of available workers between ages 25 and 44 is shrinking.
I don't know the specific reasons why your husband's new manager seems less flexible. Perhaps the new manager is unaware of the former manager's more flexible work style. Or the new manager could have different expectations. However, I think usually reasonable people can come to reasonable solutions. I would suggest that your husband ask to meet with his manager to discuss his work schedule. It would be smart for your husband to research the company's policies or review the company's employee handbook before this meeting. If your husband is valuable, has a strong track record of performance and approaches his manager with reasonable expectations, I think a reasonable solution could be reached.
Patricia Hunt Sinacole is president of First Beacon Group LLC (firstbeacongroup.com), a human resources consulting firm in Hopkinton.
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