Does this sound legal?

[yvette]

I've taken a month off from work (all of March) for surgery. But, In February I had to go see my counselor at 5:00pm My hours are from 8am-4pm. My supervisor demanded a 'note' from my appointment as proof that I couldn't stay that day for overtime.
1) I was told about the OT THAT morning--not 24 hours notice.
2) My supervisor is a woman
3) An insecure woman who sometimes has issues with power and control
4) I've NEVER SIGNED anything upon being hired within this company
5) There's nothing in the company handbook that requires a note for such reason.

I feel she demanded the note because she saw she couldn't control me and MAKE ME stay. I feel I was violated in terms of my right to privacy. SHe sasid it was to track as to why overtime wasn't being done. As far as I'm concerned what I do after hours is no one's business.

I did bring in the note, but its been bugging me. I want the note back for 2 reasons. A) they had no right to it. B)The last time the office moved into new space they were very careless with their paperwork. Paperwork that entailed how mch everyone made, their reviews-with remarks were scattered up and down the street for all to see (including myself).

What do you think? Any legal saavy people out there? I don't plan on working there forever and I don't feel my appt with my therapist is any of their business--especailly as it WAS on MY TIME.
Andy Advice as to how to get what I want?
Thanks a bunch in advance!
y.

[This message has been edited by yvette (edited 03-26-2001).]

[ICNLesa]

The first thing I would do is review your company's 'in-writing' policies. Do you have an employee handbook? In my company, employees are expected to work overtime as requested. Refusal could lead to disciplinary action and/or dismissal. This is outlined, in writing, in our employee manual so everyone knows what is required of them. Requesting a receipt or doctor's note would be appropriate in our case but we don't normally do that. If an employee's absences becomes a trend, we may request something at that time.

I understand your discomfort in providing the note. I personally, don't appreciate having to give notes as if I were in grade school. It is legal, however. The reason for your appointment does not need to be revealed, only that you had an appointment that made it impossible for you to work O.T. Maybe in the future you could bring something that is very general....a paid receipt, a note saying "Yvette attended our scheduled meeting/appointment for (date)(time)."

Your privacy is to be kept, however. If you find that your personal business has been leaked (accidentaly or on purpose) to other employees, stand your ground. That is unacceptable!

Take a deep breath, I understand!

ICNLesa

[Julie B]

Holy smokes, Yvette, I agree with Lesa, she gave a very intellegent answer to that one. I am not sure I would ever give a note to my boss for anything... ??? ... this is a good question you bring up.

Threatened people are only that way because they KNOW they are NOT doing THEIR jobs as well as they should be. Male or Female....and of course that is their problem, but it doesn't mean she can't make problems for you ...find the note, get rid of it, and don't give her another one unless it is vague as Lesa suggested. That was a dynamite idea.....LOVE YOU!!!!!!! Julie

[yvette]

Thanks Girls! Yes, as I stated before the company handbook has no mention of needing a note for after-hours appts. THe note was vague, BUT.....its on printed stationery. Meaning this had the name of the company plus the names of other therapists and counselors including psychiatrists. I think that's whats got me creeped out. People could make all sorts of assumptions based on the Letterhead Stationery alone. That, and the appointment was AFTER my scheduled hours to work. This is so frustrating.. I think I need to get that letter back!!! Thanks again, ladies. You are absolutely the best!!!
hugs,
y.

[ICNDonna]

I suggest you give the Labor Commissioner in your state a call. Does your employee handbook include an overtime requirement. I know that in most large companies, willingness to work overtime is sometimes shown in performance evaluations as a positive, but I'm afraid I question any company actually requiring overtime.

I am retired from a 500+ bed hospital and I know that many times the staffing person bemoaned the fact that they couldn't require anybody to work overtime.

Hugs,
Donna

[yvette]

Hmmm Donna, that is a another good point, I 'll have to take a look-see as to what the OT requirements are fr sure. I was pretty sure the handbook stated that 24 hours notice was the rule. Very, Very intersting.......thnkx!
hugs,
y.

[ragsmom]

yvette,you should have made copies of the note,give them the copy and you keep the original.And you do legally hace access to your employee folder.After 4pm is your time to do as you wish.Did you ever sign anything for Mandatory Overtime?When my husband was out sourced he had to sign a paper that he would be available 24/7 on call but he works 3-11 and if the 11-7 shift calls in he is mandated to stay until they can get a replacemant or he HAS to stay for the entire shift. Hope this helps,delores

[rickeysnannie]

yvette,
As far as I know ( and I'm in CA), you are only required to give a note for hours scheduled to work unless it states different in your handbook. I was a human resource manager for 8+ years and we never required a note for hours missed other than those scheduled. Overtime was STRONGLY suggested, but they couldn't make you stay, and I worked for a large retail company with over 750,000 associates nation wide.
I also agree with the others. The note should be very general, there is no need to have to be specific, if indeed a note is even required.
Hope this helps.
rickeysnannie

[yvette]

Hi! Thanks for the responses.You've all given me a lot to consider. Unfortuntely, I tried to be nice and get my note back. BTW: It was vague, but the letterhead itself spoke volumes--there were name of psychiatrists and counselors on there, people (anyone snooping that is)could make all sorts of assumptions alone.

More importantly I wanted that note back because I was BULLIED into explaining my off hours--which I find unaccetable, period.

When I asked for the note back, I was given the run around and the owner/boss just trailed off and walked away from me...he caved into my supervisor's wishes. He didn't he even have the b***s to say it to my face! Nope, he just slinked away.....Well if I ever leave my job I do plan on taking the note not matter what...they have no reason to keep it. As far as respect...I've lost ALL respect for both owners and my supervisor. As if working in a room full of OSHA violations isn't bad enough! Well I have to learn to pick my battles carefully--I still need to make $$$$ to pay bills, but at what cost I wonder????
Hmmm..... Thanks again, you all are great!!!!
hugs,
y.

[Jean Ann]

Hi Yvette,

It sounds like alot of stress!!!! For me it sounds like an ADA issue (Americans with Disabilities Act) I would get a hand book and review it.
I feel very sad that these folks are not more understanding with you. Were I work they are all concerned and very nice to me about my conditon.
Hopefully the next place you work there will be some nice folks!!!!

((((((((((((HUGS)))))))))))))