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My boss is asking me to work outside of my hours.

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Anonymous

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My boss is asking me to work outside of my hours.

I recently began a new job 3 months ago. I am a salaried employee, but signed an offer letter with specific hours. We have staff who work evenings - as do I. There are also staff who work on Saturdays. I have 2 contract jobs I work on weekends that I have had for a long time.

My boss recently stated that he wants to have my number listed for after hours (any calls that come in outside of 8:30a-5p). It would seem he expects me to answer calls on evenings I don’t work and on Saturdays. I’m not willing to do that as I work during some of those hours at my contract jobs.

He could remedy this by listing 8:30-5 as hours for reception, and then have employees instruct their clients to contact them directly after hours. Any other calls, including for new business, can come in when reception is in the office again. But he’s so money hungry, he wants all new business handled immediately and to let all existing customers have a live person available so we don’t risk losing their business. It’s not a sustainable model if you won’t hire staff who is dedicated to answering those calls.

I want to know if he can legally demand that I do this. I’m going to let him know that I won’t be available to receive calls on evenings and weekends due to my other work. I just need to know what my options are if he decides to make this an issue.

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  1. Barb Hansen

    TLDR: Have your boss email you the specific of what he's asking you to do. Don't agree to do it, just get it in writing. You can counter this request by asking for on-call pay (if you want too). You can always say no to being asked to volunteering your time at your place of work and find the local laws regarding being fired for not working without pay.

    Longer message:

    You can't be forced to work outside of your normal schedule unless you are being compensated for your time.

    Can your boss ask you to work outside of your normal hours for free? yes, but him asking doesn't mean you have to do it.

    If he asks again that you have to be available to work outside of your normal hours, ask him to put it in writing. Don't agree it to do the work, just ask him to put it in writing so you have the request documented in case he retaliates.

    You can also make the counter offer that you are happy to be "on-call" after hours for a stipend for the hours you are avialable for work, and then time and a half for any hour in which you have to answer a call.

    Again, no employer can force you to work without being paid, that's called volunteering. Could you be fired for not "bending the knee to his request" ? In many states, you can be fired at-will but I"m pretty sure that's it's illegal to fire you because you won't volunteer at your place of work.

    A quick google search for the labor laws in your state should give you the specifics. Here is what the law says in Colorado (the state that I live)

    " In Colorado, an employer generally cannot fire you for refusing to work after hours without pay, as this is protected activity under the "at-will" employment doctrine, unless there is a specific contract or policy in place that dictates otherwise."

  2. Anonymous

    I would review your job description and see if anything is listed. I used to manage a remote support center and our job listings specifically stated that after hours, weekends, and holidays were required.

    Does he know you have these other jobs? Did the contract work start before or after you were hired at this company? I would be hesitant to disclose your other jobs unless you are sure it won’t violate anything with this job.

  3. Anonymous

    Salaried employees are not clocking in and out. There must be flexibility so work out a schedule and if there is overtime then work out compensation. But your employer may request flexibility in support of their business .

  4. Anonymous

    Just say no

  5. Anonymous

    It all depends on which state you live in. In Delaware, companies were so bad at doing what you describe that they passed a law requiring any salaried employee that worked more than 40 hours per week to get paid overtime. This was because too many companies were converting wage workers to salaries to get around paying overtime. Check with your state's DOL. They may be able to require it but have to pay you for it.

    One other consideration: Does your company know you have a side hustle or contract job? If so, let them know that this would jeopardize that job, and you would only be able to work the hours agreed to when you signed on. If not, you need to come clean about having a second job.

  6. Anonymous

    I think it might actually be pretty simple -- You have other jobs, and you won't be available for this. Consider what it might take, compensation-wise, for you to *make* yourself available for what he's asking, then maybe ask for that?

  7. foundy4
    I totally get your frustration! It's like the chaos of geometry dash spam, expecting you to constantly jump through hoops during hours outside your contract. Legally, if your contract doesn’t cover these extra hours, he can’t force you. You’re right to set boundaries!

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