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munkeygurl2002's avatar

Can my boss make me work more than 8 hours?

Asked by munkeygurl2002 (16points) May 5th, 2012

My boss called me in an hour early, I was scheduled to work an 8 hour shift. Can he force me to work longer if I was only scheduled to work 8 hours? I worked 8 and a half hours made sure my station was stocked wrapped up and clean then asked to go home and he threw a fit and told me I can leave when everyone was done.

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13 Answers

CWOTUS's avatar

Welcome to Fluther.

Whether he can demand overtime from you or not depends on a lot of things that you haven’t said, such as the laws in your jurisdiction, whether or not you’re covered by a union contract or other employment agreement, etc.

It’s very likely that he cannot legally “force” you to work, but he’s probably also not “forced” to retain you on the payroll if you refuse outright to work any overtime when that’s required to finish work that’s required from time to time. (If it’s a permanent condition, and you only want an 8-hour-a-day job – which is not an invalid desire – then you should probably look for a new job.)

Pied_Pfeffer's avatar

Welcome to Fluther!

Can your boss make you work more than eight hours? Depending upon where you live, the answer is most likely ‘no’. You can walk out.

If you value your job, you won’t do this. What you need to do is find out what the laws are in your region. It would also be beneficial if you discussed your concerns with the supervisor. I suspect it would provide some insight. Granted, from your description, it sounds like he doesn’t have great management skills, but we are all human. Give him a chance.

Bellatrix's avatar

As has been said, what a boss can do legally and what they actually do are two different things. You do need to check into the industrial relations laws where you live. Even if this is a one-off, it is never a bad thing to know your rights at work. There may be legislation that protects you from being sacked or pressured to work longer hours than you can or desire to, but especially if you work for a small establishment, there are plenty of ways to fire you that will fall within the legislation. Certainly you could then probably sue for wrongful dismissal but it would be a nasty experience to go through.

If this sort of attitude is a regular thing, do as @CWOTUS said and start looking for something else. If it is a one-off and your boss is usually good, do as @Pied_Pfeffer and give your manager the benefit of the doubt.

I just read your response and we don’t know you live in Maryland and we have no responsibility to check into the laws in your state. Sorry the advice provided wasn’t to your satisfaction.

munkeygurl2002's avatar

I live in Maryland. If I knew the laws I wouldn’t be asking. Also, it’s not overtime. I told them when they hired me that I could only work nights. 4 nights a week. 8 hr shifts, and I needed off on Saturdays because of a situation with my oldest daughter. They bribed me to work on Saturdays, which I’m doing.

yankeetooter's avatar

Hmmm…you may have a legal right, there…but here’s the thing. Never bring legalities in to the situation until you have made every attempt to solve the problem in a less harsh way. Doing it otherwise will make a quick enemy of your boss. You may not care so much, but it is never a wise thing to do until you’ve tried every other avenue…once done, it can’t be undone.

munkeygurl2002's avatar

I just want to make sure I had the right to leave. Just in case it’s brought up tomorrow or any other time.

yankeetooter's avatar

Think of it this way…I don’t think you can be made to stay past your scheduled time…so just don’t come in early. Just because your phone rings, etc., doesn’t mean you have to pick up. Unless you have a job where you are on call…and it doesn’t sound like it. I never pick up the phone from work…I wait for the voice mail, and then decide whether or not to respond. I am not a slave to my phone, or my job. When I am not scheduled, I don’t have to respond to them in any way…

Pied_Pfeffer's avatar

This is where it becomes sticky. The supervisor asked you to come in an hour early. Unless it was discussed on the front end whether you would be allowed to leave the job an hour earlier, it should be assumed that this was an additional hour to the regularly scheduled shift.

munkeygurl2002's avatar

I told them that I would come in but I was leaving an hour early.

Pied_Pfeffer's avatar

Is that how it was phrased to your supervisor? Does this mean there was no discussion, only your statement? If that is the case, may I offer an assessment that you most likely aren’t going to like?

robmandu's avatar

Yes, you have “the right to leave”. Of course, you do. If they forcibly restrain you on the premises, that’s kidnapping.

Look, not every day you come into work is a negotiation. They need you there at such-and-such time and for so long. If you cannot perform that duty, then they can fire you in order to free up the position to hire someone else who will be there.

You can feel good about setting proper expectations up front – and it’s not your fault then if they try to take advantage of you – but even so, that’s just feelings, not work and not getting paid.

Getting fired from the job isn’t necessarily about them being mean to you… or hating you… or otherwise disrespecting you (although, it could be if the boss really is a jerk). Sometimes, they just need a better fitting person. And if so, then you need a job that fits you better, too.

If you’re having problems keeping to the schedule you need, then look at these symptoms as indicators you should polish up the ole’ resumé and find a different job.

aliyasmith13's avatar

Yes but he has to pay you for over time. I guess half hour is not a big issue here if you are only ask to do what the things you’ll suppose to do.

gambitking's avatar

It might help a little bit to know where you work (well, at least what type of place you work). Just for perspective and context.

I also think that everyone holding a wage or salary-earning position with an employer should know the laws governing employment in that state. (There are some federal laws too). It’s pretty easy to find that stuff out with Google. For example: http://www.dllr.state.md.us/labor/wagepay/

Also just because you work more than 8 hours in a day doesn’t necessarily grant you overtime pay as @aliyasmith13 was saying. You could be an exempt salaried employee, for example.

Anywho, the bottom line is, if you like your job and want to keep it, you will work the hours required of your boss, and you’ll help out your team graciously. If you feel you are being wronged somehow (after reading those labor laws for your state), then document every instance, the times, dates, people and what is happening. Then take it to the proper authorities, don’t just walk out on your job.

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