Favortism In the work place

[Seeking Answers 31]

Iowa. My husband works at a factory where there are 3 shifts. He is on 2nd. My question is regarding the legality of the employer to mandate Saturday overtime for only 2/3 shifts. Sole reason for doing so is that working the weekends is inconvenient for the 3rd shift supervisor who lives 70 miles away. When management was approached to ask why 3rd shift was no longer required overtime, the answer was given "no idea" and "I wasn't there when the conversation took place" Not finite answers nor something you would expect management to admit to the lack of communication. The reason was later found out after some of the 3rd shifters let it slip to employees of another shift. This has been creating a lot of resentment between all three shifts, and the nit picking has begun, blaming shifts for this or that, its just not a heathy working environment for my husband any longer. is this legal?

 

[cbg]

It is absolutely legal. What shift you work on is not a characteristic protected by law.

 

[Seeking Answers 31]

I guess I don't see how considering its creating a hostile work environment. The shift my husband is on has a lot of angry employees who are arguing fairness. And those employees are looking to start drama with the other shift, so anytime there is a mistake, they refer it back to 3rd shift, and vice versa. This place has zero structure, and no care for moral of the company at all. He is looking to quit on the grounds of hostile work environment.

 

[Zigner]

He is looking to quit on the grounds of hostile work environment.

I suggest that you (he) research what a "hostile work environment" actually is, because what you've described is not a "hostile work environment" in the way you think it is.

 

[xylene]

He is looking to quit on the grounds of hostile work environment.

It is 99.99% sure he can quit for any reason he wants.

I take it you might mean quit but receive unemployment or some kind of severance for workers displaced through no fault of their own. That is like 99.5% unlikeley to happen should he quit.

 

[Eekamouse]

I guess I don't see how considering its creating a hostile work environment. The shift my husband is on has a lot of angry employees who are arguing fairness. And those employees are looking to start drama with the other shift, so anytime there is a mistake, they refer it back to 3rd shift, and vice versa. This place has zero structure, and no care for moral of the company at all. He is looking to quit on the grounds of hostile work environment.

He can quit any time he likes. He doesn't need a reason.

 

[cbg]

The term, hostile work environment, has a very specific meaning within employment law and what you have described does not meet the legal definition. Not even close. It takes more than "a lot of angry people". Nowhere does the law prohibit favoritism in the work place and nowhere does the law say that all three shifts have to be treated exactly equally. What the law says is that differences in treatment cannot be based in a characteristic protected by law. And, as I said above, what shift you work on is not a characteristic protected by law.

If he wants to quit, he can quit. Nothing is stopping him. But based on what you have posted, he does not have any recourse under the law because nothing illegal is taking place. And if he quits under the conditions you've described, he's not going to be eligible for unemployment. So I'd advise him to have another job already lined up first.

 

[eerelations]

A hostile work environment (HWE) as defined by law is a work environment where someone is being harassed and/or discriminated against based specifically and directly on one or more protected characteristics. Examples of protected characteristics include things like race, gender, age (over 40), religion and/or disability. Nothing in any of your posts indicates that your husband is being harassed and/or discriminated against based on things like this. As a result, if he quits and applies for UI benefits, he will likely be denied those benefits.

 

[eerelations]

The term, hostile work environment, has a very specific meaning within employment law and what you have described does not meet the legal definition. Not even close. It takes more than "a lot of angry people". Nowhere does the law prohibit favoritism in the work place and nowhere does the law say that all three shifts have to be treated exactly equally. What the law says is that differences in treatment cannot be based in a characteristic protected by law. And, as I said above, what shift you work on is not a characteristic protected by law.

If he wants to quit, he can quit. Nothing is stopping him. But based on what you have posted, he does not have any recourse under the law because nothing illegal is taking place. And if he quits under the conditions you've described, he's not going to be eligible for unemployment. So I'd advise him to have another job already lined up first.

jinx

 

[stealth2]

I guess I don't see how considering its creating a hostile work environment. The shift my husband is on has a lot of angry employees who are arguing fairness. And those employees are looking to start drama with the other shift, so anytime there is a mistake, they refer it back to 3rd shift, and vice versa. This place has zero structure, and no care for moral of the company at all. He is looking to quit on the grounds of hostile work environment.

Perhaps the "angry employees" should address their concerns regarding "lack of fairness" with management.

 

[cbg]

And just to spell it out: it is absolutely, completely, and 100% legal for overtime to be mandated on two shifts but not the third. The law is not in the least concerned with whether or not it is "fair"; the law is only concerned with whether it is legal. Absolutely no law says that if overtime is mandated for one shift, or two shifts, it must be mandated for the third. Absolutely no law prohibits mistakes from being blamed on other shifts. Absolutely no law requires an employer to make all the employees play nicely in the sandbox together or to provide structure, or to care about morale. Bad management is not illegal, will not provide any legal recourse, and does not create an HWE (at least not in the circumstances you've described). I'm not unsympathetic, but Hubby is going to have to pull up his big-boy panties and ride it out until he can find another job.

 

[Taxing Matters]

I guess I don't see how considering its creating a hostile work environment. The shift my husband is on has a lot of angry employees who are arguing fairness. And those employees are looking to start drama with the other shift, so anytime there is a mistake, they refer it back to 3rd shift, and vice versa. This place has zero structure, and no care for moral of the company at all. He is looking to quit on the grounds of hostile work environment.

As others have indicated, a hostile work environment is one that exists because of harassment related to a protected characteristic. Under federal law, those characteristics are race, color, national origin, citizenship, religion, sex, age (if the employee is at least age 40), disability, and genetic test results. The federal Equal Employment Opportunity Commission (EEOC) explains it more here: Harassment

If a whole bunch of employees are upset about this, they have the right to take collective action to address the problem, including the right to form a union in the workplace to bargain collectively with the employer over wages and working conditions. If they are not willing to work together to fix the problem and are just content to grumble among themselves about it then nothing will ever change.

Your husband is free to leave at any time, but if he quits he likely won't get unemployment insurance so he best have a new job lined up before quitting this one.