Legal Question in Employment Law in Pennsylvania
Time Constraints without a time study analysis being performed
Is it legal for an employer to assign time restraints to daily responsibilities, that have been my job function for the past 3 years, and during that time , never received any complaints about job performance, but now becuase business is bad, and I am one of the higher earning people in the department, and also age 62, I am expected to complete each task by a predertimed time during the day. I actually have a schedule with times on it when each task is supposed to be completed by.
I was informed by the office manager today, these are your assignments, they have to be completed by these times, and if they aren't, the boss will find someone who can.
There are many variables involved in the job responsibilities, holiday, htree day weeknd, distractions, answering phone, traveling from office to the other, and none of those are considered, and some responsiblities are not included in the schedule, but I am responsible for them anyway. I am an hourly employee, must take an hour lunch, and no overtime!!
Is this legal. I am truly stressed out by this, but do not want to give in, basically I can't afford to quit~!
Is it kegal to install time restraints without some kind of time study analysis?
Sincerely...Louise
2 Answers from Attorneys
Re: Time Constraints without a time study analysis being performed
It is difficult to say based upon these facts. Typically, there are few restraints on a private employer, and there is usually no claim for �wrongful termination� or �harassment� unless the matter falls into one of the exceptions. Examples of the exceptions, however, are harassment or termination because of disability, age, pregnancy, gender, etc. You should speak to an attorney as soon as possible. An attorney will help you file a well-pleaded Equal Employment Opportunity Commission complaint, during which time your employer is not permitted to retaliate against you. Feel free to call our offices. We do not charge for initial consultations.
-Danny Cevallos, Esquire
267.639.3105
1420 Locust St., Ste. 24Q
Philadelphia, PA 19102
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THE ADVICE GIVEN ON THIS WEBSITE DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
Re: Time Constraints without a time study analysis being performed
You asked about time constraints placed on an employee.
The question you need to ask is are those constraints reasonable and applied fairly?
I don't have to discuss the reason why the employer may be placing such demands, you correctly observed that probable reasons. Rather the analysis must be whether those constraints are fair and reasonable? Has the employer placed such demands on other employees? How were these constraints developed? Are they workable or are they designed so that you will fail? Would another person in a similar position be subject to such requirements?
As you can see, this would be an analysis that takes time and effort to to do well. In some cases the matter could be discerned easily and without the need to resort to litigation. In many cases litigation is the only solution.
You have already suffered an "adverse action" based on these new requirements. You are entitled to examine this issue as potential discrimination and should engage an attorney to work with you through the administrative and legal process of handling a discrimination complaint.
Often, if resolved prior to litigation an employer will voluntarily pick up an employee's legal fees. The law provides that an legal fees are awarded to an employee that successfully prosecutes a discrimination complaint.
Please contact me or another attorney to explain this subject better and get to work preserving your rights.
Regards,
Roger
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