retalation?

i have been working for this company for about 5 years now as a sales person, its never been my responsability to do re-sets, the supervisors and merchandisers always do it. but i was asked by one of the supervisors to go to one of the stores i serve at night time to do a re-set.

i refused, and after a few days of him calling me and trying to make me feel bad, and telling me other sells persons have done it before, he finally went with another supervisor and a merchandiser last sunday and did the re-set.

then monday they decided to take away the store where the re-set was done, from me, from my service route, which does affect my sales and commissions, i think this is retalation. what can i do? thanks!

Vadgue.1026:

Bad mistake - when a aupervisor asks you to do something - YOU do it.

really? i thought employees had rights! @@

"really? i thought employees had rights!"

You do, the right to a safe working environment, to minimum wage, to not be discriminated against for protected reasons, to quit and find a better job. Those are the kinds of things employment law guarantees.

You NEVER have the "right" to refuse to do an assigned task.  It doesn't matter who usually does a task if the supervisor, manager, owner asks you to do something that is part of the business need and isn't illegal then you do it.  Refusing gets you punished as you found out.

ClydesMom:

You NEVER have the "right" to refuse to do an assigned task. It doesn't matter who usually does a task if the supervisor, manager, owner asks you to do something that is part of the business need and isn't illegal then you do it. Refusing gets you punished as you found out.

--the first time a store manager told me they had a "night time" re-set i went to my supervisors office and informed him, his answer was: "we don't do that" i'm going to tell  "supervisor X" to call the store and let them know we don't work weekends or nights, and we will send our people first thing in the morning on monday"

--i wake up at 4:30 am to work every weekday, i work 10 to 12 hours daily, how can i be asked to go to do a re-set after midnight and still have to go to work early in the morning and have my regular 10/12 hours day? doing re-sets was never part of my job description.

It doesn't matter if in the past the supervisor backed you up.  Economic times have changed and they most likely have made a decision that you needed to do this task.  Maybe the person who should have done it was out sick and they needed help, who knows.  Bottom line is it isn't illegal and you can be fired or disciplined for refusing to do an assigned task.

"how can i be asked to go to do a re-set after midnight and still have to go to work early in the morning and have my regular 10/12 hours day?"

Because the only jobs that are regulated in the amount of hours they can work are over the road long haul truckers and airline pilots.  In a small handful of states healthcare workers are also restricted on the number of hours worked.  While the number of hours and poor sleep would be an awful schedule it isn't illegal.

"doing re-sets was never part of my job description."

Go back and read your job description:  there is a phrase in there that reads to the affect "and all other duties as assigned."  That is how they can ask you to start doing resets even though your comprehensive job description doesn't specifcally mention it.  If the store managers want you to start wearing a multi-colored beanie with a propeller on top they can require it even though your job description doesn't.

ClydesMom:

Go back and read your job description: there is a phrase in there that reads to the affect "and all other duties as assigned."

it could say that, but i am sure it doesn't say i have to work for free. i do have a day time schedule, and i get pay for commissions, if i go to work at night, i will be putting extra hours and wont get pay for those hours.

Assuming you are a nonexempt employee, you have recourse if you are not paid for all hours worked.  That recourse is to file an unpaid wage claim with the federal Dept. of Labor or a civil suit in the Florida courts.  The recourse is NOT to refuse to work the hours.

"it could say that, but i am sure it doesn't say i have to work for free. i do have a day time schedule, and i get pay for commissions, if i go to work at night, i will be putting extra hours and wont get pay for those hours."

If you are an exempt employee and paid salary plus commissions then they can work you the hours at night and it isn't for free.  As long as your salary doesn't fall below minimum wage it's perfectly legal to have you work 18 hours a day.  If you are a non-exempt employee then you are entitled to overtime for any hours over 40 regardless of what time of day they schedule it. 

As Patty said your recourse is to file a wage complaint if they don't pay you for all hours worked and OT if you are non-exempt.  Whether you are exempt or not your recourse is NEVER to refuse to do the work.  If anything you do it and then straighten out the discrepancy after the fact.  The last thing you want is your employer getting the idea you aren't a team player.  Which is exactly what happened.

If you are asked to do something that is illegal, or unsafe by OSHA standards, you can refuse and you have some protections.

Otherwise, unless a legally binding contract specifically states that these and only these are your job duties and they cannot be changed, your job duties are whatever your employer says they are, regardless of whether they appear on your job description or not. Your job description is not a legal document and can be changed at the whim of the employer. They are free to discipline you up to and including termination fi you refuse and it is NOT illegal retaliation.

Many rights - not the right to disobey a direct instruction from a supervisor.