Working off the clock

[bulldog1123]

there were a few times when my pharmacist would have me stay an hour after closing to help finish up. I would clock out and the pharmacist would pay me for that hour. I was more then willing to help since I didn't want the work to spill over to the next day. However the DM and pharmacy supervisor recently came to the pharmacy and individually called us in and questioned us bout it since supposedly a customer complained about us working after hours and overheard I was off the clock. My question is am I at risk for losing my tech job?

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[zelman]

there were a few times when my pharmacist would have me stay an hour after closing to help finish up. I would clock out and the pharmacist would pay me for that hour. I was more then willing to help since I didn't want the work to spill over to the next day. However the DM and pharmacy supervisor recently came to the pharmacy and individually called us in and questioned us bout it since supposedly a customer complained about us working after hours and overheard I was off the clock. My question is am I at risk for losing my tech job?

You shouldn't have done what you did, but termination seems pretty unlikely.

 

[trailerpark]

A retail pharmacist would pay a tech out of his or her own pocket to work off the clock? If it is retail then that would definitely be a fireable offense, more so for the pharmacist.


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[bulldog1123]

Retail. I personally was thinking it would show I am going above and beyond to make sure the pharmacy is going in tip top shape but of course now I realize I shouldn't have been willing to be an extra help.

 

[confettiflyer]

Major liability issues here. What if you slipped and broke your leg off the clock and filed a workman's comp claim?

Things like this get ugly quick, you wouldn't be at fault IMO...and I don't think it's fireable but that RPh is going to get talked to.


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[waiter]

Can't work off the clock, the RPh should know this?

 

[SouthernRetailRPH]

The Rph shouldn't have put you in that situation. A coworker was fired recently for paying a tech to do this.

 

[bulldog1123]

The Rph shouldn't have put you in that situation. A coworker was fired recently for paying a tech to do this.

What was the status of the tech?

 

[Ladyg228]

Most definitely not allowed if you work for a chain. When I was a tech it was strictly forbidden. If you clocked out, you couldn't even touch the computer or anything in the pharmacy.

 

[bulldog1123]

Thanks for all the responses. After having to talk to both the DM and pharmacy supervisor I know now it's not allowed and frowned upon. I am more concerned about if my position is in jeopardy. I will be interning for them come this fall and am trying to find out if I will lose my job.

 

[MrBonita]

I think you should talk to your DM and supervisor and ask them yourself if you are to get fired. I know everyone has one time or another done what you did. I know it sounds bad but I have seen numerous pharmacy ancillary staff get fired but never over something like this. A warning and a write up at best.

 

[BidingMyTime]

Thanks for all the responses. After having to talk to both the DM and pharmacy supervisor I know now it's not allowed and frowned upon. I am more concerned about if my position is in jeopardy. I will be interning for them come this fall and am trying to find out if I will lose my job.

The problem has to do with state laws, muddied by the fact that your RPH paid you, but still you are an employee of the corporation, not your RPH, and they can't legally allow you to work overtime without paying you. This should have been made clear to you when you hired on (don't most employers have orientations where they make it clear about stuff like this?) Obviously it wasn't, yes you could be fired for this. Still, the bulk of the burden will fall on your supervisor, especially since he actively encourage you and paid you to disregard company policy. If only 1 of you were fired, I would think it would be your supervising RPH, but its's also possible that both of you get fired.

 

[confettiflyer]

The problem has to do with state laws, muddied by the fact that your RPH paid you, but still you are an employee of the corporation, not your RPH, and they can't legally allow you to work overtime without paying you. This should have been made clear to you when you hired on (don't most employers have orientations where they make it clear about stuff like this?) Obviously it wasn't, yes you could be fired for this. Still, the bulk of the burden will fall on your supervisor, especially since he actively encourage you and paid you to disregard company policy. If only 1 of you were fired, I would think it would be your supervising RPH, but its's also possible that both of you get fired.

The counter argument here is that a direct supervisor directed an employee to do something. That supervisor is in a position to retaliate whether it was explicit or implied, therefore the employee should be held harmless.

It's no different from a direct supervisor asking for sexual favors contravening company policy, and saying the subordinate should be fired because they agreed to those actions, even if it was consensual.

In both cases, absent clear audio/video evidence, the burden is on the supervisor to prove such actions were not agreed to under duress.

Actually, even with audio/video, the subordinate would still likely prevail.


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[Old Timer]

Thanks for all the responses. After having to talk to both the DM and pharmacy supervisor I know now it's not allowed and frowned upon. I am more concerned about if my position is in jeopardy. I will be interning for them come this fall and am trying to find out if I will lose my job.

You will not lose your job. Your superior on the other hand, violated company policy, federal law and state law. He did withhold income tax, payroll tax, or local taxes. I'm sure he did report this income to the IRS.

 

[BidingMyTime]

The counter argument here is that a direct supervisor directed an employee to do something. That supervisor is in a position to retaliate whether it was explicit or implied, therefore the employee should be held harmless.
It's no different from a direct supervisor asking for sexual favors contravening company policy, and saying the subordinate should be fired because they agreed to those actions, even if it was consensual.
In both cases, absent clear audio/video evidence, the burden is on the supervisor to prove such actions were not agreed to under duress.
Actually, even with audio/video, the subordinate would still likely prevail.
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This makes sense, even if there the employer could fire the subordinate, it seems unlikely they would do so, because it would be an uphill battle to win a lawsuit, if the subordinate sued on the grounds that they were coerced into the situation.

 

[TheWisePharmacist]

I'm with everyone else on this one you shouldn't be working off the clock. I also heard of another store manager getting in trouble for doing this in my district(not sure if they were written up or terminated). In terms of you getting in trouble I highly doubt it since you are not in a position of authority. I know Walgreens is cracking down on this, so be careful.