Issues in the workplace...?

I work for one of the largest clothing companies/retailers in the country. I've been working for this company for a few years now. I graduated from college and have a Bachelor's Degree but due to the rough economy, have had a great deal of difficulties finding full-time work. I'm 26 years old. When I began with this company, I started as a sales associate and was promoted to the role of a leader about five months ago. Initially, I had applied for a position that dealt with customer service however due to a an HR oversight, the position wasn't available but another position in visual merchandising was. I was lead to believe that if I took the job that was available, then I would be transferred to the other position once it opened up. The position has since opened up (and has now been open for almost 3 months) and upper management won't let me take the job. I've been told that I need to remain in this position indefinitely, and I've been given no real reason why, other than she's “been instructed not to fill the position until the 2nd quarter”... (I'm forced to ask myself: Is she just buying time so that I will continue to work?)





In the current role that I work, I'm forced to work overnights randomly and bi-weekly. Additionally, I'm often scheduled for day shifts, closing shifts, and shifts that go until 2 or 3 am (though these shifts aren't considered over-nights... They're considered "late nights" by upper management). This job isn't what I signed up for and it's reeking havoc on my body and my life. My boss has said that her boss, (the district manager) has deemed overnights a "non-negotiable". I've told my boss that I'm having a hard time with the schedule, and that being part-time I feel as though I have no where to go to get help from doctors, etc., (due to lack of any benefits whatsoever). I have asked repeatedly to go full-time and I've been told that I can't, and that the company is now seeking to replace any full-time people who aren't district or store managers with 2 part-time people if the current full-time people should decide to resign or are forced to step down. In the mean time, I work anywhere from 15 to 35 hours each week, but am never allowed to average more than 32 hours for 12 weeks at a time or I risk becoming full-time and that will be greatly frowned upon.





When I go to our store manager and attempt to discuss my struggles with the schedule, I'm told that I should “just be happy that I have a job”. I'm told that she used to have to work overnights, and that she's never heard so much complaning from the current people who are working them. My consensus is that the only reason that I haven't been transferred to that other position is because no one else will work this schedule. My pay is less than $10.75 an hour. There is no additional pay for having to work overnights because it's “required for the job”, but if transferred to the other position, my pay would stay the same.





Additionally, myself (along with every other part-time person) are scheduled so that we rarely qualify for breaks. For every 4 hours worked, a paid 15 minute break should be provided. Most part-time employees are scheduled for 3.75 hours at a time but are often told that if they end up staying a little bit later to finish up with a customer, to be sure to punch out by 3 hours and 59 minutes or the company will have a violation. You're also supposed to get a paid 15 minute break and unpaid half-hour break for every 5 hours worked, but if you're scheduled for 5 hours, it's expected that you punch out no later than 4 hours and 59 minutes into your shift (again, so that the company doesn't go into violation).





Anyways, the truth of the matter is that I don't want to do this anymore. I haven't been in this job 6 months and have thought that it might be more respectable to step down after I have been in the job for at least that long... But at the same time, life is short. This entire situation has been tough and on top of it all, I never really get to spend any time with my husband during the week. From a financial perspective, I make about $130 more per month than I did when I was a sales associate. April will mark my 6 month anniversary... Should I tough it out for another 6 weeks or step down? Do I wait to see if that whole 2nd quarter thing checks out for the other position? Am I really being too whiny about this whole thing and should I just suck it up and take it for what it is? I'm so confused.|||yes you are whiny.......





where are you?


labor laws vary greatly by location......








most of your issues are NOT legal ones they are policy ones and if you don't like them you can move on...... BUT by all means TALK to your employer and if your issues are not addressed and you don't see a light at the end of the tunnel then decide if you need to quit.......


if you do see a light pray it is not a train, and wait it out.|||I'm sorry for your unhappy situation, but definitely, definitely stick it out for another 6 weeks. Six weeks isn't that long, all things considered, and if you don't stick it out then YOU'LL NEVER KNOW if you would have gotten the job or not.





However, if I were you, I'd document every conversation I had with your employer(s) about this matter, what they said, the date and time they said it, and any witnesses who might have been present to hear the conversation regarding their alleged intention to move you into this other job. Sit down now and write down all the past conversations and dates that you can remember.





That way, when the 6 weeks are up and you speak to them again--if they try to deny that they ever offered you such a job, then you can refer to your documentation and politely but firmly say, "Excuse me, but if you recall, on January 10 of this year, you stated "_____" to me, and on the 14th you stated "____" If you recall, Joe Smith was present during that conversation."





This might not get you the job, but it will show them that you're a serious, thinking person--not just a wimpy complainer (I'm not saying that you are but that might be their mindset about all their employees)--and by spelling out documented examples of things they said (which they full well KNOW they said anyway), then that will show them that you've got a backbone. It will also hold them accountable to themselves for their own integrity.





....and at this point, 7 weeks from now, when you speak to them about this matter, you'll have nothing to lose anyway. In the meantime, starting now, start the process of looking for another job; that way you'll feel stronger in yourself when you DO talk to them, and that inner self-confidence of 'knowing you have options' will probably show through to them. And you might find another job you'd like better anyway.





One other thing: KNOWING the things I've suggested above and DOING them will make it easier for you to get through the next 7 weeks because you'll have created some control for yourself over the outcome.





Good luck!|||Retail sucks, but you now know that.





Its not uncommon for merchandising staff to work the crappy shifts, because there are less customers in the store, and they can get things done. Some people like that shift, others do not.





Since you are not working full time, you have lots of time in the week to look for another job. Don't quit this one until you have something lined up.