Refuses Weekend Work
WO
130 Posts
Greetings;
I have a non-union employee who works as a van driver in our Senior Services dept. He (Bill) started in 1995 on an on-call, as needed basis (casual status). These "casual" employees were called in when needed and able to turn down work as they desired. Casual employees receive no fringe benefits.
In 1998, we created full time van drivers as our needs grew. Four of 8 casual drivers (Bill) were given full time status with full benefit package. Full time drivers work as needed but are first to receive 35 hours per week through a variety of split shifts throughout the Monday-Friday week. Casual drivers pick up the slack. Our needs are now expanding into occasional weekend work. No driver has ever been told they will only work M-F; although it is only in the last two years that weekends have become an issue. Another full time driver reluctantly worked last Saturday and another Saturday job will surface in September.
The problem: Bill refuses to work weekends. He has been notified, through a prior disciplinary action, performance evaluation and written letter that full time drivers are expected to work as assigned and will be the first to fill the shifts to include weekends. Recently a new policy was distributed notifying full time drivers that weekend work is required, however we will attempt to use casual drivers if possible.
Bill refuses to sign and return the policy. This is not an accommodation issue, we have questioned that. He simply states he did not accept employment with weekend work and refuses this "material and substantial change."
We will sit down with Bill one more time explaining the reason for policy. Any ideas, other than assigning the employee the weekend work (when necessary) and disciplining through to termination due to insubordination?
I have a non-union employee who works as a van driver in our Senior Services dept. He (Bill) started in 1995 on an on-call, as needed basis (casual status). These "casual" employees were called in when needed and able to turn down work as they desired. Casual employees receive no fringe benefits.
In 1998, we created full time van drivers as our needs grew. Four of 8 casual drivers (Bill) were given full time status with full benefit package. Full time drivers work as needed but are first to receive 35 hours per week through a variety of split shifts throughout the Monday-Friday week. Casual drivers pick up the slack. Our needs are now expanding into occasional weekend work. No driver has ever been told they will only work M-F; although it is only in the last two years that weekends have become an issue. Another full time driver reluctantly worked last Saturday and another Saturday job will surface in September.
The problem: Bill refuses to work weekends. He has been notified, through a prior disciplinary action, performance evaluation and written letter that full time drivers are expected to work as assigned and will be the first to fill the shifts to include weekends. Recently a new policy was distributed notifying full time drivers that weekend work is required, however we will attempt to use casual drivers if possible.
Bill refuses to sign and return the policy. This is not an accommodation issue, we have questioned that. He simply states he did not accept employment with weekend work and refuses this "material and substantial change."
We will sit down with Bill one more time explaining the reason for policy. Any ideas, other than assigning the employee the weekend work (when necessary) and disciplining through to termination due to insubordination?
Comments
Yikes, tell him he can read the policy he refused to sign while waiting in the unemployment line$$$
Sounds like you went above and beyond and he does not want to play nice and keep his job.
Thanks for confirming my thoughts with your quick responses.
You can make the reason insubordinate, failure to follow an order, refusal to perform work or all of the above.
Fight the unemployment claim too.
My $0.02 worth.
DJ The Balloonman
PORK