Legal Question in Employment Law in Pennsylvania
Being Forced to ''Volunteer'' On My Free Time
I'm a car salesman. I don't get paid any salary or hourly wages - commission only. There's a car show coming up in our area (lasting four days) and management has told us that they expect each of us to sign up at least once to go to the show. They expect us to go on our own time, when we're not scheduled to work. They said anyone who doesn't sign up will be signed up by management. I did not sign up and, as a result, management has signed my name to the sign up sheet and expects me to go, again, with no compensation. We can't even sell cars at the show. All we can do is answer questions and hand out business cards. I've spoken to my co-workers, who've told me that they never get anything out of going to the show. I work a lot of evenings and every Saturday, plus I have a family. So it doesn't make sense for me to sacrifice more time with them in order to ''volunteer'' for the car show. My question is: Can they legally force me to go on my own time without compensation? And can they do anything to me if I don't go?
1 Answer from Attorneys
Re: Being Forced to ''Volunteer'' On My Free Time
You are in a difficult position. In general a business cannot force an employee to "volunteer." In fact, the law has a played out so that an employer cannot even allow an employer to volunteer his time for the benefit of the employer. This has been interpreted very broadly. The trade-off is that an employer can make almost any demand of an employee as long as the employee is properly compensated either at regular or overtime rates. This would depend on the employee's schedule and the employee's status as either exempt or non-exempt.
In your situation, since you are exempt and completely commission there is no recourse regarding pay or overtime pay. As Pennsylvania is an at-will employment state the employer can make any employment decision it wishes with the exception of discriminatory or otherwise illegal actions.
To answer your question, yes your employer can require that you attend the car show. And your employer can fire you if you do not attend. And your employer can fire you if your boss doesn't like the tie you wear when you are at the car show.
It's your choice, if you do not wish to go to the car show you don't have to go. But your employer may discipline you for that decision/action. Can your employment record stand up to your decision.? Or, can you find a job to replace the position easily? Would you want to?
I have an alternative suggestion, what about you paying one of the hungrier salespersons to take your place? This should satisfy the goals of you and your employer as they will have full coverage and you will have your time off. You're a salesmen, go ahead and sell your employer on a win-win solution.
Regards,
Roger Traversa
PS - Be sure to remember me for all your legal needs. RJT
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