Quick Question regarding seemingly arbitrary rule changes

[blahbleebloo]

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

Hello friendly people! I haven't posted in a while, but I had a question in the employment law arena, and thought I'd pose it to you fine people.

Here's the skinny: I have a job, and with that job came a boss and company policies all laid out in a handy employee handbook. My boss frequently likes to make his own rules, and says that as long as they don't contradict the employee handbook then they are gospel. Fair enough, I can get behind that. I'm a team player.

The problem however, is when the rules seem to change with his mood, or when applied to different people. For instance, the employee handbook has nothing outlined about make up time. There are overtime laws that apply to "making up time" on different days, of course, but when done on the same day, as long as it's still regular time and the company policy doesn't forbid it, all should be good right?

Wrong. At least sometimes...it's hard to tell when, but sometimes my boss is good with it and sometimes not. And when he either approves or denies it, he always "quotes" this seemingly non-existant policy that no one has ever seen that it's either allowed or disallowed. And we're talking make up time in lieu of using PTO or taking the time unpaid. The "time off" itself has already been approved, so it's not a coverage issue.

This is just an example of the inconsistancy of course, but ultimately the question is this: Is a policy that is not written/documented enforcable? I mean, I know in CA you can legally get fired for any reason not protected by law, but in terms of being written up/fired for cause as defined by California law.

Anyway, I appreciate your time, and please let me know if my ramblings don't make sense.

~A

 

[Zigner]

Yes, your boss can make up the rules as he goes, so long as they do not violate the law or any bonafide employment contract you may have.

 

[blahbleebloo]

Yep, I understand that and that's fine with me - I'm just wondering that if I get caught on the wrong side of his whim - like something he had previously approved and said was his "policy" now suddenly and without warning is completely different - and I get fired, does that constitute "cause" as far as California is concerned?

I'm not trying to circumvent the rules, and I otherwise like my job very much, so I'm not itching to leave or anything. I just wondered how enforcable these undocumented rules are in terms of being fired with or without cause, in terms of eligibility for unemployment. I know that blatant policy breaking can affect it, but being fired because they don't like your socks doesn't necessarily.

 

[Zigner]

Yep, I understand that and that's fine with me - I'm just wondering that if I get caught on the wrong side of his whim - like something he had previously approved and said was his "policy" now suddenly and without warning is completely different - and I get fired, does that constitute "cause" as far as California is concerned?

I'm not trying to circumvent the rules, and I otherwise like my job very much, so I'm not itching to leave or anything. I just wondered how enforcable these undocumented rules are in terms of being fired with or without cause, in terms of eligibility for unemployment. I know that blatant policy breaking can affect it, but being fired because they don't like your socks doesn't necessarily.

Your employer doesn't have to have "cause" to fire you. A situation as you describe would likely allow you to receive unemployment, but it depends on the circumstances. If you are fired, then you apply for unemployment.

 

[blahbleebloo]

Sweet that's what I thought. Again, I know he doesn't have to have cause to fire me. He's just so unpredictable, that this is not just one of those "follow the rules and do your job and you'll be fine" kind of places.

I do my best to stay on his good side, but recently came back from FMLA, which he looks down on quite a bit, so now I seem to be on the wrong side more often than not. Could be in my head, not really interested in making a Federal case about it, but I just want to make sure I'll likely be okay if he finds a reason to be rid of me.

Thanks so much! You rock as per usual.

~A

 

[Zigner]

Sweet that's what I thought. Again, I know he doesn't have to have cause to fire me. He's just so unpredictable, that this is not just one of those "follow the rules and do your job and you'll be fine" kind of places.

I do my best to stay on his good side, but recently came back from FMLA, which he looks down on quite a bit, so now I seem to be on the wrong side more often than not. Could be in my head, not really interested in making a Federal case about it, but I just want to make sure I'll likely be okay if he finds a reason to be rid of me.

Thanks so much! You rock as per usual.

~A

Thanks for the thanks - good luck to you