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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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Janet '83 944 |
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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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1989 3.2 Carrera coupe; 1988 Westy Vanagon, Zetec; 1986 E28 M30; 1994 W124; 2004 S211 What? Uh . . . “he” and “him”? Last edited by jyl; 02-01-2013 at 05:39 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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. Last edited by wdfifteen; 02-01-2013 at 05:32 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. |
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1989 3.2 Carrera coupe; 1988 Westy Vanagon, Zetec; 1986 E28 M30; 1994 W124; 2004 S211 What? Uh . . . “he” and “him”? |
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Janet '83 944 |
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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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Janet '83 944 |
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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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1989 3.2 Carrera coupe; 1988 Westy Vanagon, Zetec; 1986 E28 M30; 1994 W124; 2004 S211 What? Uh . . . “he” and “him”? |
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Did you get the memo?
Join Date: Mar 2003
Location: Wichita, KS
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‘07 Mazda RX8-8 Past: 911T, 911SC, Carrera, 951s, 955, 996s, 987s, 986s, 997s, BMW 5x, C36, C63, XJR, S8, Maserati Coupe, GT500, etc |
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It's about CSR...
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Dustin |
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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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Janet '83 944 |
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Janet '83 944 |
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what kind of company are you working for that needs that kinda PR?
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poof! gone |
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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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Janet '83 944 |
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Did you get the memo?
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Volunteering isn't volunteering if you don't have a choice.
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‘07 Mazda RX8-8 Past: 911T, 911SC, Carrera, 951s, 955, 996s, 987s, 986s, 997s, BMW 5x, C36, C63, XJR, S8, Maserati Coupe, GT500, etc |
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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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Janet '83 944 |
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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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Janet '83 944 |
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that sucks..that "at will" thing.
what kind of volunteer gig do they suggest?
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Bandwidth AbUser
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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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Jim R. |
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