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Employer Requiring Volunteer work?

I think my company might be trying to get one over on us. They are now insisting that we volunteer in the community(to essentially make themselves look better) on our own time, nights and weekends.

VA is an at-will state but, can they randomly impose volunteer work on us that is after hours on personal time(without any sort of time compensation)?

I like volunteering but, at this point in my life having two small kids and a hubby that works out of state, there just isn't free time. I would gladly pick up a hammer and do H4H if they wanted to let us do that ILO work on a weekday or give comp time for doing it on a weekend.

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Old 02-01-2013, 05:10 AM
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Generally, employees cannot be required to volunteer - that is requiring an employee to work without pay.

Contact the state department of labor - they probably have a hotline for such inquiries to be made discreetly.

The practical solution will probably be for the DOL to notify the employer that their policy is illegal and that employees must be paid for such work. That should cause the employer to stop the practice, without highlighting any particular employee. Maybe produce some back pay, but don't count on it.

If your company is large enough and the practice has been going on long enough and/or enough employees have been wrongfully terminated for refusing to volunteer, then a plaintiff's employment lawyer would probably be interested in filing a lawsuit. If the practice just started, then there isn't enough damages to get them interested. I have a friend who does this sort of law, but not in VA.
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Last edited by jyl; 02-01-2013 at 05:39 AM..
Old 02-01-2013, 05:30 AM
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The employer can't insist that you volunteer or make charitable contributions. If you are an hourly worker with no interest/hope of promotion or if you are in a union you can tell them to go pound sand. However, if you want to be promoted when your supervisor compares you with your competition, the one who volunteered when asked is more likely to get the promotion.
Records of who cooperated cannot be kept, but people have good memories.
When I was at GM there was a big push in the departments to meet United Way charity goals. Our supervisor was caught keeping records of who contributed what amount. I don't know what happened to him, but it wasn't good.
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Old 02-01-2013, 05:30 AM
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It sounds like you just got voluntold.

I'm sure it is not entirely legal for them to require uncompensated volunteer work outside of normal working hours. As a practical matter though, you would likely have a difficult time proving that you were improperly fired in court, if it came to that. Is this whole thing just something you can ignore? Your boss says "We are all 'volunteering' at 7p on Tuesday. Your response "Oh sorry, can't make it then, little Sally has dance class at that time." or whatever else the next time it comes up. This seems like a perfect opportunity to practice the art of the slow-roll. Play along, but drag your feet and ignore the requests to the extent possible.
Old 02-01-2013, 05:33 AM
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Virginia Department of Labor and Industry
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Old 02-01-2013, 05:38 AM
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Quote:
Originally Posted by 6e0ff View Post
It sounds like you just got voluntold.

I'm sure it is not entirely legal for them to require uncompensated volunteer work outside of normal working hours. As a practical matter though, you would likely have a difficult time proving that you were improperly fired in court, if it came to that. Is this whole thing just something you can ignore? Your boss says "We are all 'volunteering' at 7p on Tuesday. Your response "Oh sorry, can't make it then, little Sally has dance class at that time." or whatever else the next time it comes up. This seems like a perfect opportunity to practice the art of the slow-roll. Play along, but drag your feet and ignore the requests to the extent possible.
That's been the plan to just drag my feet but, it's coming to a head as they move toward implementation. It'd be one thing if they said hey we're meeting to clean up a park saturday, come if you can, you're welcome to bring the kids. But it's another to tell me I have to find a sitter, cancel any of the kidss activities because my job depends on it. I'm willing to play the game.... on my terms. I'm just hoping to bring it to light that they need to be careful in their wording and the terms of this before it's too late.
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Old 02-01-2013, 05:43 AM
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The impression I get from VDOL is that they can fire anyone without a reason so even if they can't require it, they can do what they want anyways.
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Old 02-01-2013, 05:46 AM
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So you have already contacted an attorney at the the Virginia DOL and that is his/her response?
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Old 02-01-2013, 05:49 AM
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Old 02-01-2013, 05:53 AM
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It's about CSR...
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Old 02-01-2013, 05:54 AM
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Originally Posted by jyl View Post
So you have already contacted an attorney at the the Virginia DOL and that is his/her response?
No just by the definition of "at-will". I've asked my boss for clarification on the terms and expectations of "volunteer" work. If they clarify that it's strictly volunteer but, they encourage participation than fine but, if they go all, "You will do it or else" then I'll look further into it with someone.
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Old 02-01-2013, 05:54 AM
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Originally Posted by onewhippedpuppy View Post
haha
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Old 02-01-2013, 05:55 AM
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what kind of company are you working for that needs that kinda PR?
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Old 02-01-2013, 05:55 AM
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You know how it is, they say it's not about marketing, it's about personal development but, it doesn't come across that way if it's a requirement.
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Old 02-01-2013, 05:58 AM
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Volunteering isn't volunteering if you don't have a choice.
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Old 02-01-2013, 05:59 AM
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Precisely.

I just wanted to know if I'm out of line thinking that there is a better approach and questionable legality in the matter.
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Old 02-01-2013, 06:00 AM
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Quote:
Originally Posted by Jferr006 View Post
No just by the definition of "at-will". I've asked my boss for clarification on the terms and expectations of "volunteer" work. If they clarify that it's strictly volunteer but, they encourage participation than fine but, if they go all, "You will do it or else" then I'll look further into it with someone.
"At will" does not mean they can fire you any time, for any reason. Your refusal to perform uncompensated work outside the scope of your job description might get you fired by an idiot supervisor, but it will also get you a nice settlement when you sue them.
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Old 02-01-2013, 06:02 AM
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Quote:
Originally Posted by wdfifteen View Post
"At will" does not mean they can fire you any time, for any reason. Your refusal to perform uncompensated work outside the scope of your job description might get you fired by an idiot supervisor, but it will also get you a nice settlement when you sue them.
From VDOL's website

Frequently Asked Questions: Labor & Employment Law
1.If an employee believes he has been terminated unfairly, does he have a legal right to challenge the termination?
Virginia is an employment-at-will state; this means the employer may terminate any employee at any time, for any reason, or for no reason. As a general rule, therefore, the employee has no right to challenge the termination. There are a few very limited exceptions. For example, an employee may not be discriminated against or terminated because he has filed a safety complaint or exercised his rights under OSHA law. Virginia Code § 40.1-51.2:1. Also, federal law protects employees from discrimination because of age, race, sex, religion, national origin or handicap.
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Old 02-01-2013, 06:04 AM
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that sucks..that "at will" thing.

what kind of volunteer gig do they suggest?
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Old 02-01-2013, 06:07 AM
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Janet, you need to find out about how VA DOL views employers requiring uncompensated work. The at-will stuff is only part of the issue.

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Old 02-01-2013, 06:08 AM
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