I was apparently put on a PIP at work, but off the books…

UPDATED: Oct 2, 2022

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I was apparently put on a PIP at work, but off the books…

I was told that I couldn’t work overtime and would not have access to time away from taking calls in a call center we are all allowed scheduled time off the phones to work on assignments, etc.. I wasn’t really given a good reason except that I couldn’t keep up with the work I have been assigned. Management has verbally and in writing acknowledged that I have extra direct emails/calls from clients that the rest of the team doesn’t get, that I am the backup for a specific type of work which no one else on the team gets, and that I am the go-to person because of my knowledge for random questions from teammates which pulls me away from my personal assignments/calls. I have all of this in writing, as well as client/management accolades, acknowledgements, etc., but for some reason, I was told that I couldn’t work overtime. I asked for clarification and was told that I am the only person on the team that is being denied overtime. Do I have any legal backup for telling them that I should not be blocked from management approved overtime?

Asked on October 1, 2019 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

As a general matter, there is no right to overtime, and employers control whether there is overtime, when how much, and also who may or may not work overtime. However, employers may not discriminate against an employee due to his or her race, color, national origin, age 40 or over, religion, sex, or disability. If you feel you are being denied overtime for one of those reasons, contract the federal EEOC about filing a complaint. Otherwise, this is legal.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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