bonehead Posted June 8, 2007 Share Posted June 8, 2007 I know of a lady who works for a private EMS service. She is in her mid 60's and yes still works the streets. I talked to her the other day and she said that they have redone the shift bids. 9 where you get a say in what hours you work. Basically pick your hours based on level of license and seniority. Even with over 48 hours a week open she wasnt allowed to bid. Wasnt given a reason. She has worked there over 20 years. Has never had a complaint filed against her except by one employee who files complaints about everyone. I said talk to the manager, if not resolved that way contact a lawyer. Any thoughts? Link to post Share on other sites
Trimmer Posted June 8, 2007 Share Posted June 8, 2007 What does "wasn't allowed" mean? Was there a printed list that her name was left off of? Did she try to submit a form and it was refused or given back? Has there been any verbal explanation at all to this point? If she thinks this is something more than an easily correctable oversight, I would think she would want to document her recollection of everything that has been said so far, and start putting things in writing from here out. If she really insists on talking to her manager, I would keep it simple and factual: "May I have a copy of the new shift bid policy, please? Am I going to be allowed to bid for hours for this period?" (yes/no) If the answer is no, I would then drop back and ask "why" in writing... Link to post Share on other sites
Author bonehead Posted June 8, 2007 Author Share Posted June 8, 2007 They had a list printed up with names in the order they were to bid. She was left off the list. No explanation. She has not been told why, and when other employees asked they got no explanation what so ever. So it wasnt an oversight. They were given a chance to correct it if it was. Link to post Share on other sites
Trimmer Posted June 8, 2007 Share Posted June 8, 2007 So she wasn't the only one left off the list? And then got stonewalled when the question was asked? Personally, I would ask in writing. But again, if she insists that she wants to talk to her manager first, I would first ask for a copy of the new policy, then ask if he is aware that she was left off the list. Yes or no. Do the rest in writing... Link to post Share on other sites
Art_Critic Posted June 8, 2007 Share Posted June 8, 2007 It might very well be her age.. I dunno.. http://www.eeoc.gov/policy/adea.html I do know that they have to give her the same shot as anybody else.. It sounds to me that she/they might have been excluded for reasons that are not above board.. Maybe her going to HR resources and starting there would be the best advice. Link to post Share on other sites
Author bonehead Posted June 8, 2007 Author Share Posted June 8, 2007 So she wasn't the only one left off the list? And then got stonewalled when the question was asked? Personally, I would ask in writing. But again, if she insists that she wants to talk to her manager first, I would first ask for a copy of the new policy, then ask if he is aware that she was left off the list. Yes or no. Do the rest in writing... She was the only one left off. Link to post Share on other sites
Star Gazer Posted June 8, 2007 Share Posted June 8, 2007 She needs to speak to an employment and labor law attorney. Most, if not all, lay people cannot analyze employment-law related facts correctly. Link to post Share on other sites
law1973 Posted June 8, 2007 Share Posted June 8, 2007 You must be careful getting answers to this problem. There may be other factors contributing as to why she was unable to bid for the hours. All facts and documentation must be taken to a labor and employment attorney. If she is unable to afford one, our local state, and government agencies have resources available for her. This may also be a case of discrimination due to her age. I wish her the best. Hope this was helpful. Link to post Share on other sites
amerikajin Posted June 8, 2007 Share Posted June 8, 2007 She needs to speak to an employment and labor law attorney. Most, if not all, lay people cannot analyze employment-law related facts correctly. Take it from the counsel. The law is incredibly complex and the likelihood of winning a suit depends on multiple factors. Link to post Share on other sites
IfWishesWereHorses Posted June 8, 2007 Share Posted June 8, 2007 That's interesting. I used to do some scheduling for ICU. It was important to keep the most experienced workers on different shifts as was it to have some brute strenght on all shifts. It wouldn't have done at all to allow people schedule themselves unless everyone was assigned a "handicap" like in golf, where you have an ABC and D on each shift. She has the experience, does she have any other limitations like possible driving at night? It certainly doesn't seem fair at all but if her limitations could cause a possible situation then it might be understandable. I don't see how they can get away without offering her a plausible explanation. Link to post Share on other sites
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