Violation of policy for coming in early

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DaveVerde

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I and my Manager had butted heads just the other day because I declined to stay more than 8 hours of my shift because I felt he was rude and did not ask me in a professional manner if I could stay and work more than my current hours.

I had come in early that day of the shift because I knew it would be a long day and I would've been working by myself with anticipation that I will have to do overtime since we had an employee quit a few days before. The following day he called me into his office with my supervisor explaining that I violated company policy by not fulfilling the order (I work in food production and produce food for the company's stores); I had completed all the orders that were already paid for and just could not fulfill the ones for our stores.

He then began to say I was irresponsible and said it was my attitude that was the issue, he then began to say I violated 4 laws one being that I came in early, two that I had taken more than half an hour on my break (which is a total lie), and he would not tell me the other two. Also I have never seen in writing what our company policies are and also we have never had a written schedule sheet until after this incident (a lot of employees would tend to come in earlier on days they know would be long as to not get out as late) and management has never said anything about it until the day I refused to stay.

I just want to know do I have a right to sue? or go to the NYS Department of Labor?, also I had recorded the conversation while we were in his office and while I did say some things that would push his buttons but, I was calm and composed and yet he started screaming and using foul language towards me.

cordially,
Dave Verde
 
There is no LAW that says you cannot come in early. There is no LAW that says you can't take more than a 30-minute meal break. However, the employer can have such rules.

I see nothing in your post that would indicate any laws were broken by the employer for which you have ANY legal recourse.
 
Non-exempt employees MUST be paid for ALL time worked. Thus if you come in early to start work and don't put this on your timecard, you are placing the company into a precarious legal situation.

That may explain why the uproar when this came to the attention of upper management or someone else who recognized the ramifications.
 
I punched in early with the full intention of working late but, not getting out after midnight when public transportation is at its slowest. I just hated being told to stay and not asked; you know I'd liked to feel like I have an option and not feel like some slave. I apologized but, let them know that they should ask me and not tell me if and when another situation arises. I just want to know if I can be fired for coming in early
 
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