Thanks to all who responded to our “Can they do that?” last week! We received several insightful responses. This week’s winner is CKS. Her winning response: “… they can do just about anything they darn well please.”
While this is a bit of an oversimplification, the point is a good one: at will employment is a very powerful doctrine. In this case, employers have been sued for negligent misrepresentation when they invite people to use their open door policy and then firing them for doing so. Employers may not make representations that employees rely on and then fire them for doing so. Of course, these cases are fact sensitive and difficult to win.
This week’s issue:
CAN MY EMPLOYER DENY ME OVERTIME PAY AS AN
ASSISTANT STORE MANAGER AT OCEAN STATE JOB LOT,
IF I SPEND MOST OF MY TIME STOCKING SHELVES?
The answer is:
a. Yes, because they’ve called me an Assistant Manager and put me on salary.
b. No, since my primary duty isn’t management.
c. Yes, because I agreed when I was hired to work for a salary and not get overtime.
d. Maybe, it depends on whether I manage and direct my employees while I am stocking shelves.
e. Other: __________________________________________________
If you want to cheat, feel free to visit our website and read the lawsuit we’ve recently filed against Ocean State Job Lot: