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job help - misled during interview

Ana NgAna Ng Registered User regular
Hi forums. Sorry for this wall of text but I want to outline all the info I have.

I've got a bit of a job pickle: during the holidays I had just one job in a clothing store that I really enjoyed, but after the holidays hours were cut drastically and after waiting it out a few weeks to see if I could beg enough to get more hours it became clear I needed to take a secondary job.

I ended up applying for a position that was listed as $9/hour, part time. When I went into the interview, they said that there were actually two jobs open, and the one they wanted to consider me for was actually only $8.50/hour part time. I explained my experience in retail, customer service etc and asked if I could talk them up to the $9/hour that they had advertised, and they said no and asked if it was a deal breaker for me.
I told them that 50 cents wasn't necessarily a deal breaker but it would depend on the hours, and asked them to define more clearly what they consider part time. They told me that I would be working an 8 hour shift three days a week, so I'd be getting paid for 22.5 hours a week. I told them that if that was the case, that I could deal with the lower pay, since I would be able to pick up hours at my first job as well. I confirmed at least 2 or 3 times within the interview that I'd be hitting 22-25 hours a week for them, and confirmed again when they called me a few days later to offer the job, which I accepted.

Meanwhile, I've been very upfront with my first job about this and they've had no problem with it because they understand the hours cut sucks, and they didn't put up too much of a fuss when I changed my availability to two days a week (to reflect what I get scheduled there most times).

Once I started the new job, I was informed that after I passed a certification I'd actually get a 50 cent raise, which seemed like a great deal to me because it would bring me up to 9/hour. My paycheck, when I got it, listed my pay at $8/hour....... so what is actually happening is they are paying me less than discussed, until I pass this test, at which point I will get a "raise" to the pay I was told during the interview that I would receive.
It also turns out that right now during "slow winter hours" job B actually leaves early EVERY day, cutting about 6 hours a week from my paycheck. And they also schedule me only 2 days a week, instead of 3. So rather than getting paid for 22 hours I'm getting paid for about 10.
I have been told that in the spring/summer things pick up again, but the thing is that's true for my other job as well - and that job pays me more. Plus, I am most likely moving at the end of the summer, and only keeping the first job I had because it will transfer to the city I'm headed to.

To top things off, almost every day for the past 5 days that I haven't already been scheduled at my first job, they have called me to ask if I want to work, which I have had to say no to because I'm scheduled at the second job... which means I'm losing money because I have to work 5.5 hours for $8/hr instead of a full day shift for over a dollar and a half more.

I didn't sign any sort of contract or agreement with this second job, so I feel like I have no leverage with management to bring up the fact that I was pretty heavily misled during the interview and job offer. I'm frustrated with my first job because I begged and begged for more hours and got nothing... until I picked up a second job and all of sudden they need me all the time. The first job as made it clear to me that they cannot make any promises about hours, other than that I generally get 12 hours a week there and can pick up more if I'm free.

I have no idea what to do, if there's even anything I can or should do.

Posts

  • XaquinXaquin Right behind you!Registered User regular
    It kind of sounds to me like you should quit your second job and pick up all the hours at your first job.

    More money and less hassle

  • PsykomaPsykoma Registered User regular
    edited February 2014
    I understand that I have a priveledge with my job to be able to say this, and that you may not be in the same financial situation.

    But were I working that job, my advice would be leave that second company as soon as you can.
    They are going to fuck you every which way they can (and they'll probably fabricate a few more ways of their own too).
    You can not trust them.

    Psykoma on
  • Ana NgAna Ng Registered User regular
    Xaquin wrote: »
    It kind of sounds to me like you should quit your second job and pick up all the hours at your first job.

    More money and less hassle

    My gut tells me that this is probably the way to go... if nothing else than at least my first job has been honest and upfront with me about hours and pay at all times, even when the hours suck. It's just hard knowing that there could be weeks with the first job where I get scheduled 12 hours for the entire week and don't get the chance to take more.
    Psykoma wrote: »
    I understand that I have a priveledge with my job to be able to say this, and that you may not be in the same financial situation.

    But were I working that job, my advice would be leave that second company as soon as you can.
    They are going to fuck you every which way they can (and they'll probably fabricate a few more ways of their own too).
    You can not trust them.

    I am certainly feeling right now that I can't trust them. I also just got a message from a friend about the same company saying that from everything she's heard from other people who used to work for them... they'll basically do anything to screw you over and lie to you if it helps their bottom line :\

  • Iron WeaselIron Weasel Dillon! You son of a bitch!Registered User regular
    Hopefully that settles it for you, then. Thank them for the experience, but explain that you have decided to pursue other opportunities. Then walk away and don't look back.

    Currently Playing:
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  • DevoutlyApatheticDevoutlyApathetic Registered User regular
    Iron Weasel's suggestion is classy and probably the way to go.

    With what they've done so far I would be tempted to not be classy. When old job calls me asking me to work today? "Yes, excuse me I need to call new job and tell them I won't be in." When called on it point out you aren't being paid the promised wage or given the promised hours.

    Nod. Get treat. PSN: Quippish
  • ThundyrkatzThundyrkatz Registered User regular
    Also, you are never going to have to list this on your resume going forward, as there is no gap in your employment.

    You owe this second job nothing, if anything it sounds like your first job has been pretty reasonable, and you should work shifts for them.

    Also, no reason you cant keep an eye out for a different second job just because this one did not pan out.

  • LostNinjaLostNinja Registered User regular
    Xaquin wrote: »
    It kind of sounds to me like you should quit your second job and pick up all the hours at your first job.

    More money and less hassle

    I've worked part time retail for several years through college and now while I search for a job in my field of study, and I would vote against this.

    I don't know if it's the same where the OP works, but where I am hours will pick up for a few weeks at a time during off months as more stock comes in and as we prepare to put out the new seasons styles (this is the time frame we are currently in and probably the same goes for the OP's store), but immediately after the hours will decline drastically again until the next busy season.

    My suggestion would be for the OP to look for a new second job and get out of the current second job as soon as he finds something as they will most likely continue to screw them over.

  • see317see317 Registered User regular
    Another vote for get out of the second job ASAP. They lied to you before the interview (9 bucks an hour), at the interview (actually, it's 8.50), they lied about the hours you'd be working. If you stay there, they will find new and more imaginative ways to screw you over.
    I don't know where you live, but is it possible to pick up some more freelance jobs? Walking dogs, babysitting, that kind of thing?
    Pick up what hours you can at Job A, make it clear to co-workers/managers that if they need someone to fill in for them you'd like to be at the top of the list. Just let them know that you're willing and able to work more hours

    Also, Job A being cool about understanding you need a second job for the hours is a huge thing. Not all places would be as understanding about the situation.

  • Ana NgAna Ng Registered User regular
    edited February 2014
    Hey all! Thanks again for replies. I looked over my finances, chatted with my mom to get some advice, talked with my husband, and decided that leaving the second job would not be financially devastating to us. And then, when I went into work tonight (at job A, the good one), I found out that corporate has given hours back to part-timers, meaning that we all get to have 20-25 hours a week again.
    Along with this, it means people calling out more (because when they have more hours on the schedule they don't feel as much pressure to work every shift, which is stupid but oh well) which means I can pick up their hours too! and I was also given a little insider info that next month hours are going up even more.

    Feels like a good resolution.

    Ana Ng on
  • joshuadewaaljoshuadewaal Registered User regular
    I would go to your second job and tell them they need to compensate you. You went to work for them at the agreed wage of $8.50 an hour and then your paycheck was only $8. Tell them you never agreed to work for $8 an hour and the 50c raise was not mentioned in your interview. Regardless of how they respond I would likely leave, but I would do that after telling them they owe me money and seeing if I could get it. After that I would consider telling them you have another job offer that is paying you better and that you will be leaving if they can't at least match it.

  • DaveheadDavehead Sitting at my computerRegistered User regular
    I would go to your second job and tell them they need to compensate you. You went to work for them at the agreed wage of $8.50 an hour and then your paycheck was only $8. Tell them you never agreed to work for $8 an hour and the 50c raise was not mentioned in your interview. Regardless of how they respond I would likely leave, but I would do that after telling them they owe me money and seeing if I could get it. After that I would consider telling them you have another job offer that is paying you better and that you will be leaving if they can't at least match it.

    I would recommend against this. From what you've said, I don't see any scenario where they actually agree to this - you never signed anything that said what they'd be paying you, or what kind of hours you'd be working, so they aren't under any obligation to pay you anything more than the minimum wage in your state. Nothing in their behavior has suggested any kind of altruism on their part, and that's the only thing that would make this happen.

    Crappy jobs happen, it's just a fact of life. Some companies, for whatever reason, will promise more than they are willing/able to do to get you to work for them, and hope that when the reality sets in that you'll stay anyway. I say leave as amicably as you can, but don't ask them for anything aside from your final paycheck.

  • TubeTube Registered User admin
    The above poster is right. Because you didn't sign a contract for the higher rate, you don't have a way of making them pay you that. Unless you're in dire financial straits, leave as soon as possible. That's the plus side of not having a contract.

    Generally, an employer that treats you dishonestly hasn't done it accidentally as a one-off. This will keep happening, it shows that they're not the kind of company you should work for.

  • Jam WarriorJam Warrior Registered User regular
    Is working without a contract even legal?

    MhCw7nZ.gif
  • zepherinzepherin Russian warship, go fuck yourself Registered User regular
    Is working without a contract even legal?
    By working it is a contract, but the terms are limited by the nature of at will employment. In the us you don't need a written contract detailing duties pay etc. hey I'll pay you 10 bucks an hour if accepted is still binding. Now it's a best practice to have those things written out to avoid them coming back with a lawsuit claiming you said 110 bucks an hour, but not required.

  • DevoutlyApatheticDevoutlyApathetic Registered User regular
    zepherin wrote: »
    Is working without a contract even legal?
    By working it is a contract, but the terms are limited by the nature of at will employment. In the us you don't need a written contract detailing duties pay etc. hey I'll pay you 10 bucks an hour if accepted is still binding. Now it's a best practice to have those things written out to avoid them coming back with a lawsuit claiming you said 110 bucks an hour, but not required.

    That depends on state. I know NY as of two years ago requires employers to have a form on file listing an employees pay that has been signed by the employee.

    In the United States it is the norm to work without a specific contract. It all falls under general employment law and the companies "Employee Handbook" for specific policies. Actual contracts are rare until you start making super duper money. We can be "let go" at pretty much zero notice and in exchange we get....uh....Freedom?

    Nod. Get treat. PSN: Quippish
  • zepherinzepherin Russian warship, go fuck yourself Registered User regular
    In the United States it is the norm to work without a specific contract. It all falls under general employment law and the companies "Employee Handbook" for specific policies. Actual contracts are rare until you start making super duper money. We can be "let go" at pretty much zero notice and in exchange we get....uh....Freedom?
    In most cases it is to the benefit of the employer, however there are times when it can be to the advantage of the employee, by limiting the employers control. At any time most employees can say fuck this noise and walk away without having to worry about super broad covenants not to compete and ridiculous NDA's.

  • Ana NgAna Ng Registered User regular
    My state is an at-will employment state, which means that employers can fire you whenever they want which is kind of crap, BUT on the other hand as @zepherin pointed out it also means that as an employee if I am dissatisfied with a job I have the right to simply walk out. Fortunately I've never had, nor have I heard of, an employer making use of the at-will nature of the state to just boot someone out with no warning.

    I've only ever had one job (the awesome job that I stayed at) that had me sit down and sign a form agreeing to what I would be paid, what my title was and when I would officially start the job. But even this job is still at-will: they could boot me at any time with no warning if they wanted, and likewise I could leave without notice.

  • AiouaAioua Ora Occidens Ora OptimaRegistered User regular
    Um, even in places that aren't at-will, employees can generally quit at any time.

    Slavery being illegal and all.

    life's a game that you're bound to lose / like using a hammer to pound in screws
    fuck up once and you break your thumb / if you're happy at all then you're god damn dumb
    that's right we're on a fucked up cruise / God is dead but at least we have booze
    bad things happen, no one knows why / the sun burns out and everyone dies
  • see317see317 Registered User regular
    Aioua wrote: »
    Um, even in places that aren't at-will, employees can generally quit at any time.

    Slavery being illegal and all.
    Unless there's a contract requiring advanced notice that you're leaving.
    In that case, you can get in a heap of trouble for walking out.

  • RoyceSraphimRoyceSraphim Registered User regular
    I had a job that changed the hours like that but they offered enough side benefits that $10 an hour for 20 hours a week was actually useful for a happy lifestyle and paying off bills.

    On the other hand, this job committed multiple deceptions from the very beginning, even before Ana NG+ was hired, so quitting was definately the right call.

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