Can you legally be fired if you declined to work overtime during busy season and just put in your 40 hours?

likefunnysmart
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Yes but it will take a while to get rid of you

likefunny

This makes no sense! Of course you can be fired. No where do jobs says “as long as you work 40 hours we will employ you forever no matter performance”. If you refuse to work overtime during busy season you’ll immediately be isolated by the team who you’re forcing to do your work because...you think your time is more valuable than theirs? Absolute clown mentality

upliftinglikesmart

Finally a real response.

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It’s not overtime, you are salaried. You were hired for a job, if you fail to perform the job satisfactory then you will be forced out

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K7, there’s nothing wrong with that. I think being a senior accountant the rest of your life is a perfectly fine job.

If you want to go above that, though, you’ll have to make sacrifices. You might not want it, but a lot of people do want the benefits that come with advancing beyond being an individual contributor. Most millennials at this point have aged out of the idealism that we can have it all. You have to pick what you want, and sometimes that conflicts with other things you want.

Me working 26 hours over weekend reading this like 👁👄👁

likefunny

Tax is a cruel place

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I mean, you could legally be fired for anything. They don’t even need a cause (assuming at will state)

likesmart

Unless of course you can prove in court they did it because you’re a minority or something. That would be illegal

like

Indirectly. Guaranteed that you will get a bad rating that will put you on PIP

like

Had someone that refused to work late in our office. They were let go within two days

likefunny

Lmao so true pwc2. “We solved it guys! Now just do all their work”

I would think so, depending on if you’re an “at-will” State. The real issue, to me, is why not request a reduced schedule, if those are the hours you prefer?

like

Yes. Assumes 10-15% OT. But most salaries in the US do. Very few jobs where you can he successful, have career progression and 10% avg pay increase annually and be able to work consistent 40 hr week.

likefunny

Who knew the answer to our most pressing problem could be so simple

likefunny

There is only one way to find out

likesmartfunny

We had a person come in as a senior and straight up say she wouldn’t work past 6:30 pm (and proceeded to do so; walked out the door around 6 every day and never checked email after). She was let go within a month or so, even though it was halfway through busy season.

likehelpful

Career limiting moves. You can set the limits for yourself but you won’t be seen as a team player. Don’t be surprised when reviews come back as such or you’re career progression is not what you’d expect. Maybe you’re ok with that. Just realize the consequences of your actions.

funny

So basically what everyone is saying Whether you decide to work 6 hours in a day or 18. You get paid the same. So being fired is based on your performance. If you’re a super star and can get your work done in 8 hours. You got no problems. But if you like the rest of us. Put your head down and get to work if you want to keep your job here. And if you don’t want to work more than 40, you’re better off looking for a new job.

likesmart

There is no 40 hour concept to begin with. You are an exempt employee so those concepts do not apply

like

Depends on how good you are at your job.
40 hrs is a stretch, but if a project that's supposed to take 80 hrs gets done in 60 with the same work quality? Well, you bet your ass i'm billing the whole 80 and spending the other twenty on stuff I actually like doing.

likefunny

Add 30 hours for clearing review comments!

I guess you would be in PIP, and can you be 40 hours chargeable all year round?

likesmart

To the second part: chargability very much depends on the specific language of the contract and what’s wrapped into the fees. If you’re on a large fixed fee audit that’s worded correctly, virtually anything is chargeable, so it can be pretty easy to do like 20 hours of real work a week 8 months a year and still be at 100% utilization most weeks if you’re on a very large client.

Those clients also tend to have insane busy seasons, so yeah, working 40 in busy season would get you PIP’d. It’s very much possible to coast 2/3 of the year though depending on the teams you’re on.

I think it also depends on 40 hour chargeable or if you log on at 9 and log off at 5

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Yes... good luck with that

like

It could ake some time but yes they could literally just force you out that putting you on crappy projects or not assigning you anything at all along with PIPs. And then forcing you out.

like

Employment at will. The same way you can leave the company for no reason, they can fire you for no reason (few exceptions).

like

Yeah but since WFH I find that I can still do a “60 hour busy season” workload in 20-30 hours of honest work. I just move the mouse to look busy while I spend 6 hours a day on my phone

like

That’s not “honest” work. You’re either committing time sheet fraud (terminable offense), your productivity is below expectation (likely whether you realize it or not), or the budgets were horribly inflated.

Does your group/line of service publish metrics by staff class? I could make the argument that if you are meeting all of those metrics (say 90% utilization for the entire year), they would have trouble firing you for cause

like

Then that wouldn't be 40 hours, right?

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