HR question, regarding charitable events

RebeccaB88

My company routinely sponsors charitable events, like organized softball or basketball games, participation in walks like the Alzheimer's Walk and Breast Cancer Walk, and setting up info booths at festivals.  They ask for volunteers to do these events.  However, my boss at my particular location has told us all that if we do not participate in several of these events each year (2-4 he says), he will not give us a good annual review, regardless of how much we've earned it.  (We're graded on a 1-5 scale, 5 being borderline perfection, that no one ever achieves). Routine poor annual reviews lead to demotions, relocations within the company, and firing. He's made it very clear that he's requiring this. And no, it will not be on company time, and not paid for.  All events take place outside of work and working hours.

I'm fairly sure this isn't legal.  I think if your employer is requiring attendance, they are also required to pay you for your time. However, this isn't the company mandating it, this is my boss at my location. (I work in retail.)  I also don't believe it's legal for us to be forced, coerced, or threatened into participation. 

From an HR standpoint, is this legal?  I can report it anonymously if so. I just can't afford to lose my job.

holyguacamole79

I don't know if it's necessary illegal, but I imagine it's against company policy for your annual review to be based on whether or not you attend. I'd report it to HR. There should also be a no retaliation rule in your company.

BrandNewJ

This sounds really screwy. I also don't know if it's illegal, but it's definitely fishy. These are extraneous activities and no one should be punished for not attending, especially without receiving any compensation for your time. I would report it to HR for sure, especially if it can be anonymously. Good luck!

levioosa

If this isn't illegal, it sounds really close to it.  It makes logical sense that since it's your boss, essentially it is the company mandating it, so you should get paid for those hours. Report this to HR.  Are you salary?  That might make it harder to fight, since you may not have "set hours." I know people who were salary at my Mom's old job would work like 80 hour weeks and get paid the same amount as if they worked 40, but it was mandatory they finished the work, no matter how long it took.

 Also, what a dick.  You should be rewarded for what you do at work.  What your free time encompasses is nobody's business.  What would his response be if you told him you were already volunteering at a different event that weekend.  "Oh, it's not MY event, so you'll be docked points."  That's ridiculous.  

OliveOilsMom

You should definitely approach HR about this.  If you can do it anonymously, I would do that.  I wouldn't say what he's doing is illegal until he gets to the part about your volunteering effects your annual review.  That I feel is crossing the line into illegality.

If your boss said that you could get a bonus or something for your participation, that would be different.  But he's tying it into your future at the company, which isn't right.  

huskypuppy14

My company does these events too, but it's always stated that it's voluntary and anything mandatory is during business hours (8-6, M-F).  

Unless it's a conference or business trip, than obviously that's a different circumstance that people are not paid extra for, and more geared towards professional development.

I'm assuming if you work in retail that your are paid hourly or on commission, so not a salary situation where there may be a gray area.

We also have culture portion of our annual review, but it can encompass anything done that fits our values, not just those done off company time. 

hellohkb

I too am not sure if this is legal, but I would still contact HR or even get in touch with the labor dpt and find out! I'm a bit curious of how they will perceive this.

FH's company gives almost like "extra credit" (I don't know how else to describe it!) if they do charitable events for the community, but it is not required and they do not refuse to give you a good review if you do not attend a particular event.

NYCMercedes

I think it might be legal if your pay for all hours worked in a time period still keeps you above your state's minimum hourly wage. Nevertheless, do you have a HR department in your local store or at corporate?

Eta, yes, a real dick!

RebeccaB88

Thanks guys!  Some answers...

I am paid hourly, no commission. OT is not allowed nor approved, for any reason. My hourly rate is well above minimum wage. Not management, but in a supervisory capacity. I've been with the company for 13 years and have never been told I MUST participate.

Events are outside of working ours...technically. Our business is open 24/7.  If we are scheduled to work during the event, we are not expected to be at the event. Therefore, our only opportunity to attend events is outside of work, when we are not on the clock.

This is not professional development, but we are a healthcare oriented company.  When we walk or assemble for a cause, they consider it 'part of the corporate culture'.  Yet, my volunteering for a cause that is NOT company sponsored or organized does not count, nor one done per my choice on my own time and my own dime.

I can report anonymously, to a toll-free number at corporate. My local HR rep and I know each other too well for me to go directly to him.  But I'd have to at least give my location number so they can investigate the claim. My concern is that it would narrow it down for him as to who did it. Yes, there are definitely controls in place to prevent retaliation, but everyone in the company knows it can still happen, especially as we are an at-will employment state. They could let anyone go for no reason at all. 

JennyColada

RebeccaB88 said:

especially as we are an at-will employment state. They could let anyone go for no reason at all. 

While this is technically true, it is rare. Giving NO reason leaves the reason up to interpretation, and it is VERY easy to claim discrimination if NO reason it given based on performance or other factors (I mean, how can you prove that it's NOT discrimination if you don't say what it IS?). So really, it's unlikely that they would just let you go with no rhyme or reason, and HR would not allow him to fire you for non-participation in these events.

They COULD make your life harder and try to push you out, but if you've been there for 13 years and they like you otherwise then I find it unlikely that they'd do so.