My wife works in a restaurant, and the power-tripping manager has instituted a new policy where all shift changes must be approved by management. I think that is reasonable enough, but they’re also asking the originally-scheduled employee why they are switching shifts, then approving or denying based on the answer.
For example, her coworker (Tom) wanted Monday afternoon off, and Harry agreed to cover the shift. The manager asked Tom why he wanted Harry to work for him, and Tom said, “I have a softball game.” Manager denied the shift change because it was “unnecessary”.
Is this legal? I feel like if you’re able to find someone to cover your shift, you don’t owe management any explanation why you need the time off. How should my wife approach this situation? Colorado, USA BTW.
A lot of incorrect answers here as to the legality - this is not a blanket 100% definitely legal situation. In the US, the boss can certainly ask why. But, if he denies leave for something that is discriminatory then that is an adverse employment action under Title VII of the Civil Rights Act if they employ at least 15 employees.
For instance, if he doesn’t allow leave to someone to observe a religious holiday, but allows others to go on leave under similar circumstances, that could be illegal.
A lot of things could be discriminatory. Its stupid of him to ask for specifics beyond medical vs personal.
My wife is of the opinion that a lot of these policies are being designed to make her work environment miserable. One of the main perks of that job is that two of her close friends also work there. The chef recently instituted a policy that the three of them are not to be scheduled on any shifts together because they “talk to each other too much”.
This shift switch approval policy is new. Before, any shift swich had to be logged in a book, with both employee’s initials. Now, the manager also needs to approve the shift change, and she’s wanting to know why the change is requested, before she decides if she thinks it’s important enough to allow.
It’s a person with .0001 oz of power, trying to get the most out of it.