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got fired for refusing overtime

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Old Feb 13, 2009 | 07:02 AM
  #16  
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From: Great State of Texas
Originally Posted by Texas Outlaw
The ones I fire are usually for attendance or poor performance. Those are easy records to keep in my business, so it isn't hard for me to get rid of someone when I feel it's time. On the OT issue, we have them sign a paper up front that OT is required and that it could be with very little advance notice. In that contract we also cover performance expectations and the attendance policy. Miss work excessively, scrap expensive steel or refuse to work the OT when needed and they're gone, simple as that.
We need to also keep in mind that the company in question is Dominoes. Likely a franchise unit. No telling what education ownership has in employment related issues.
 
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Old Feb 13, 2009 | 07:49 AM
  #17  
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From: Clarksburg WV
Originally Posted by Old93junk
Uh, I dont mean to sound like an a** , but never turn down O.T. Thats good money. Unless you really cant put in the time, Its a good move to accept all the O.T. you can handle. ............And, it makes you one of the last to see the door when times get lean.
What does overtime as a delivery driver get you though?

You sure as hell don't get any time and a half.
 
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Old Feb 13, 2009 | 07:57 AM
  #18  
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He said he was borrowing his grandmothers truck to make deliveries, and 8 hours was all he was allowed to use it for. If that is the case, he needed to return the truck after his time was spent at work. To work overtime would have required breaking the agreement with his grandmother.
 
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Old Feb 13, 2009 | 07:59 AM
  #19  
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Originally Posted by 35l911
hey whats up? I was a delivery driver for dominos pizza and jan 18 2009 i refused to work overtime so i was fired on the spot filed for wrongful termination and was told by a lawer as well by unemployment office in MD that the actions by me were gross misconduct and an indifferince to my employer and was denied for unemployment and the lawsuit was not even filed. Now i had 1 interveiw where they call my former employer and they told them why i was fired and i never got a call back from that interveiw when i call they said the position was filled.

now my question what are my options now? i have sevral applaications floating around
Keep looking. You're better off looking for a real job than wasting your time in some fast food joint.

A real job is a job where you learn a trade. Like fixing cars or renovating kitchens. My dad used to say if you want to make money you have to solve people's problems.

I can get my own pizza, I'm not going to pay someone $65/hour to bring me my food. Having my furnace fixed is another matter. That's something I don't know how to do, and I need the furnace to work.

That's why the furnace fixing guys drive nice econolines, and the pizza guy usually drives a p.o.s.

Consider this an opportunity. The boss did you a favour. There's no future in fast food. There's no skill involved. You can be fired on the spot and replaced with some guy doesn't even speak English.
 
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Old Feb 13, 2009 | 08:06 AM
  #20  
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As for working all the overtime you can, I agree. It is usually good money. The more dedicated to your work, the harder it will be to let you go if that ever becomes an issue.
 
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Old Feb 13, 2009 | 08:32 AM
  #21  
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funny thing you brought this up. the place i work for is just the opposite right now. We went from gangbuster all the over time you want to now you get talked to if you work overtime. I got reprimanded for working 2 hours overtime last week,and it was work that needed done,it was a friday morning and I sure didn't want to get a late start to the weekend,but i did because they needed the parts off of the machine I was running. I had some tool trouble,and the machine was also having problems getting through a complete cycle without alarming out,so I was fighting it all night. Me and the lead man discussed it and decided it would be ok for me to stay the extra 2 hours so day shift(I work 3rd shift) could have the required amount of parts they need to keep busy for a full shift of production. Well,come monday morning,Me and the lead man get a call to the personnel office. They were bitching because I stayed 2 hours late. In the end the lead man and myself told them next time they will be short on parts to keep day shift busy all day,and we will leave when the 8 hours are up. They just started stammering and wouldn't commit to saying if that was the right thing to do or not.
 
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Old Feb 13, 2009 | 08:55 AM
  #22  
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From: Great State of Texas
My son-in-law worked his 40 just to get to his normal 15 to 20 hours of OT / week. They have now laid off some. Cut back to 40 hours and are talking about 32 hours. With two young kids and a house payment they are having very difficult times.

He worked his butt off delivering fire wood during our light winter here to supplement loss of income just after my daughter gave birth to our grand daughter last Nov. Now he has applied for part-time @ a new Costco being built just down the road from their house. As a certified fork-lift operator we hope he can get in.

Even though his primary job description is not as a fork-lift operator I sure am happy he took my advise some time back and got his certification...maybe it will help.
 
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Old Feb 13, 2009 | 09:18 AM
  #23  
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Well as an employer, I see it like this, regardless where you got your vehicle from ( Grandma, Mom, Dad,) etc. to perform your duties is irrelevant as long as it doesn't interfere with the tasks at hand. If you are needed to work OT and cannot because of your time share on the vehicle that is required to delivery the product, then that is the employee's problem and not the employers. Did you discuss or sign a contract stipulating your Hours of service at the first interview with the employer?

I am in the Construction business, where the average days are usually 10-15 hours, some days my Operators have to stay on the job a few hours longer to get the job done, most don't like it, and sometimes I will relieve them and go operate myself if it's a real important issue they need to tend to, but my guys understand "it's just the nature of the beast". You gotta take the good with the bad some days, although a little different in my case, my Operators get Double OT before 7 am and after 4 pm, and rightfully so, they should be compensated for the inconvenience.

If it was I, I wouldn't spend any effort on trying to get the job back, a waste of valuable time that would be better spent focusing on other employment prospects, chalk it up as experience and move on.

Perhaps finding employment that better suits your time and travel needs, would avoid another situation like this, just do what you gotta do to survive, and hopefully you find something you really enjoy, If you enjoy what you do, it will reflect on the work you do , and you will never work another day in your life !

Good luck on your future endeavors !
 
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Old Feb 13, 2009 | 11:08 AM
  #24  
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about the truck january 4 2008 i was side swiped and pushed into a tree wrecking my 2004 ranger while on a delivery the accident was NOT my fault and the other car fled the sean. the insurance totled it out. i lost MY truck I went down to eastern motors and tried to buy another truck but my credit was not good enough. so my grandmother did me a favor and bought the truck but i have to make the payments.

before all that i was working overtime alot mostly weekends because there wernt very meny weekend delivery drivers. Now with the truck my grandmother bought she has givin me limits to keep her insurance down i've told nyokia about the limits being only 8 hours no overtime and the truck has to be back infront of the house before midnight. she understood and allowed that. but she was laid off because the owner todd blue did not want to pay manterinty leave(in MD buisness don't have to give maternity leave). thomas took over and tore up the paper that said all that and after one month working under him he let me go for not being able to work overtime or past midnight(that night i did cuss him out about it but that was after he lied to my face about i never said anything to him about the limitations on the truck).

on the applaication ther was no manditory overtime specified or a contract stating i have to work overtime

and all of you who said i should have worked overtime have you drivin more than 8 hours without falling asleep behind the wheel I have, i woke up in a ditch in my 84-f150. I never got a break because in MD once your over 18 they can work you all day long without a break.
 
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Old Feb 13, 2009 | 11:22 AM
  #25  
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Originally Posted by 35l911
that night i did cuss him out about it
That's about all you really needed to say right there. Don't expect anything form this employer, including unemployment.
 
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Old Feb 13, 2009 | 11:27 AM
  #26  
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I put 55,000 miles a year on my work truck. I have put 1400 on it in 2 days, with jobs to do when I arrived at the job sites. I have put in 48 hour days before. I won't do it again though.
 
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Old Feb 13, 2009 | 11:29 AM
  #27  
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My employer can legaly have me drive for 11 hours, 13 with an excption, and work up to 14-16 hours a day. Driving a vehicle with a gross weight of up to 80,000 lbs. If you are falling asleep behind the wheel after 8 hours of work you need to look at what your doing after work to not get enough sleep. In today's work environment if you want to keep your job than you have to make a few pesonal sacrfices. I'm sure your grandmother would understand you working some OT to keep a job.
 
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Old Feb 13, 2009 | 11:34 AM
  #28  
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Originally Posted by 35l911
snipped by 00BOR
and all of you who said i should have worked overtime have you drivin more than 8 hours without falling asleep behind the wheel I have, i woke up in a ditch in my 84-f150. I never got a break because in MD once your over 18 they can work you all day long without a break.
O.K. Let me say something here.

1. I know of NO such law that 'anyone' in Maryland can work you all day long without a break.
It is my understanding that your are entitled to a 15 minute 'break' for every 4 hours of work, under Federal Law. (Again, this is my understanding.)

2. You are entitled to a 'meal break' of a minimum of 30 minutes for an 8 hour shift.

So, I don't think your comment about working you all day long without a break, is accurate.

Here is just one part of Maryland's Labor Laws:
Wage and Hour Fact Sheet - Division of Labor and Industry

Now, with that said, I have had two older children work in the food industry, and now my youngest daughter works in the food industry, and I don't think that it is 'right' for someone to be paid less than minimum wage by their employer, with the expectation that 'tips' will bring the person's wage up to minimum wage standards.
I also don't think it's 'right' that these employers don't have to pay overtime rates for more than 40 hours.


Lastly, where I work (in Washington, DC) overtime is mandatory, by contract.
We keep an overtime roster. The 'low man' on the overtime roster will be asked to work. If he refuses, the supervisor goes 'up the ladder' to the 'high man'. IF that senior man on the roster refuses, the supervisor 'can' and HAS gone back to the 'low man' on the roster and told him/her that he/she IS working.
The only caveat is when a particular person is already working on job and it leads to overtime. That person already working on the job will then continue on overtime until the job is done.
That's called 'continuation of job'.
FWIW, I've reported to work at 6:30 a.m. on a Thursday, and was not released from work until 3:00 p.m. on Friday afternoon.
I only had ONE lunch break on Thursday, and a Pop-Tart (cold) on Friday morning.
In my 35 years on this job, I've worked many, many 24 hour shifts, and some 30 and 32 hour shifts.
It comes with the commitment to the customer. (And ultimately. . . the $$$)
Hey, the money was good, though. I slept all the way to the bank.


that night i did cuss him out about it
That sealed your fate, right there.
You just gave yourself a reputation as a "HOT HEAD", whether he lied, or not.
 
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Old Feb 13, 2009 | 11:49 AM
  #29  
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Most Truck drivers I know, OTR or Local drivers work a Minimum 10 hours ( in a good market), and are legal to run 13 hours in Canada and under certain situations 15 Hours total drive time.

I Know I can and have done 8 hours driving without fallen asleep many times on any day of the week !

I don't know anything about the US labor laws, but find it highly unlikely they are allowed to work you the entire shift without breaks...
 
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Old Feb 13, 2009 | 11:50 AM
  #30  
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From: oxon hill, MD U.S.A
1) i cant work for more than 8 houres because of medical conditions which have me taking med that cause drowsyness(pain killers)
2)at DLLR they gave me a paper with labor laws for MD and one of them stated the fact if your over 18 the company dost not have to provide you with a break unless speifyed under the company policy I've tried to file a complaint to the DLLR on the company.
 
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