Unethical Business Practices

[AWildHeir]

What is the name of your state (only U.S. law)? Tennessee

I have worked for the company for a year and a half. I have never called in sick, I have always came in when they needed me last minute, I have always taken on extra tasks when they asked me to, and I have not done anything to be written up or warned about. I have been nothing but a dependable and hard worker.

Now that I have that out of the way, here is what is going on. About 6 months ago the owner decided to take one of my normal work days away and give it to her son's girlfriend. My husband had been laid off and this put an even more strain on our situation. Also please keep in mind that I am visually impaired and can't readily get any old job i can find. The girl has no disability and can go get what ever job she wants. Now I hear that she is thinking of giving this girl more of my time. This girl is a college student. She could get a job on campus, at a grocery store, or anything else. My husband is still out of work though we spend all the time we can trying to find him another job. Our situation is different than most because he had to be available to drive me unless he can find a job that makes enough that I won't have to work. Not to mention being home with our son who we homeschool. If she does this, we will loose our farm. It will cut our income $480 a month.

What if any action can I take? It is not like the company is having hardship. She just wants her son's girlfriend to have my time. Any help or ideas would be greatly appreciated.

 

[eerelations]

There is nothing illegal about what the company is doing.

 

[AWildHeir]

You have got to be kidding me. You just don't do that kind of thing especially to one of your best employees. If she does this, she will cause us to lose our farm and there is nothing I can do about it?

 

[cbg]

Do you have a contract that guarantees you specific work hours?

Do you have a valid and supportable reason to believe that but for your disability, the employer would not have taken this action?

In an economy that is tanking and with an almost record high unemployment rate, what is your basis for the belief that the girlfriend could "get any job she wants"? That's a skill most of us don't have.

I'm not being flip and I understand your concern, but the law does not give you the right to a job or to specific hours.

 

[eerelations]

You have got to be kidding me. You just don't do that kind of thing especially to one of your best employees. If she does this, she will cause us to lose our farm and there is nothing I can do about it?

I am not here to kid around or tell lies to people. Based on the information you've provided, your employer is not doing anything illegal. Unethical maybe, but unethical is not always illegal.

Nepotism (or nepotism-once-removed as what seems to be going on here) is legal. Reducing employees' work hours and pay is also legal.

 

[thedoctorisin]

What about applying for partial unemployment due to the decreased hours?

 

[cbg]

Many if not most states have such a provision; whether or not the cut in hours is sufficient to qualify will depend on the state. It costs nothing to apply and there is no penalty for being wrong so I think the poster should go for it.

 

[VeronicaLodge]

i dont even see this as unethical.

 

[cbg]

Frankly, neither do I.

 

[AWildHeir]

Do you have a contract that guarantees you specific work hours?

Do you have a valid and supportable reason to believe that but for your disability, the employer would not have taken this action?

In an economy that is tanking and with an almost record high unemployment rate, what is your basis for the belief that the girlfriend could "get any job she wants"? That's a skill most of us don't have.

I'm not being flip and I understand your concern, but the law does not give you the right to a job or to specific hours.

Let me try to explain the arrangement. This is a very small caregiver service. The company dictates the hours I work, how I do the work, and things of that nature. I was told I was supposed to be self-employed as an independent contractor. I have not filled out a contract though. They did have me sign a handwritten paper saying I wouldn't take their clients should I quit or get fired. The manager of the company has informed me that the owner wants to give more of my time to the girlfriend. She has no disability. There are a lot of entry level jobs in the paper not to mention hospitality jobs and call center jobs. There is a brand new grocery store in the area that she could work at. I can't bee a cashier, or even a wal-mart greeter because I am visually impaired. I can do this job. I have been looking online for jobs for my husband and have ran across jobs a college student should be able to do. Also, why not give this girl new clients that come up?

The manager is so disgusted that she wants to start her own business and take the unhappy clients and other contract workers with her. If it means keeping my income, I think I'd be inclined to go with her.

 

[Zigner]

Let me try to explain the arrangement. This is a very small caregiver service. The company dictates the hours I work, how I do the work, and things of that nature. I was told I was supposed to be self-employed as an independent contractor. I have not filled out a contract though. They did have me sign a handwritten paper saying I wouldn't take their clients should I quit or get fired. The manager of the company has informed me that the owner wants to give more of my time to the girlfriend. She has no disability. There are a lot of entry level jobs in the paper not to mention hospitality jobs and call center jobs. There is a brand new grocery store in the area that she could work at. I can't bee a cashier, or even a wal-mart greeter because I am visually impaired. I can do this job. I have been looking online for jobs for my husband and have ran across jobs a college student should be able to do. Also, why not give this girl new clients that come up?

The manager is so disgusted that she wants to start her own business and take the unhappy clients and other contract workers with her. If it means keeping my income, I think I'd be inclined to go with her.

The company has done nothing illegal or even unethical.

 

[eerelations]

Again, nepotism is legal. Reducing employees' work hours and pay is also legal. And so is reducing the hours/pay of ICs

I know you find this all very hard to believe, but it's true, and it's accurate. In law, it doesn't matter that you'll have a harder time to find a new job than the girfriend, it doesn't matter that you can do the job better than she can, it doesn't matter that you may lose your farm as a result. Unfortunately for you, the law doesn't protect you from this kind of situation.

 

[AWildHeir]

Thank you for all of your help.

 

[ecmst12]

Your disability does not obligate your employer to give you preferential treatment and not allow anyone else to do the same job as you or share the same pool of hours. It means they can't take negative action against you BECAUSE of your disability. That's not what they are doing, they are just trying to do a favor for the son's girlfriend. That's legal.

 

[eerelations]

Thank you for all of your help.

Your sarcasm is 'way out of line here. If this is the way you speak to people at work, maybe that's the real reason they're cutting your hours.

All we did was tell you how the law works with regard to your issues. If you don't like the law, don't blame us - we don't write the laws, we just tell people about 'em. If you wanted us to tell you lies, you should have told us that up front.

(And note, just because you think something should be illegal doesn't make it illegal in fact.)