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Old 08-09-2020, 08:02 AM
 
2 posts, read 1,375 times
Reputation: 15

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Hi, so I applied for this job and met the area manager (as the role was for an assistant manager) and spoke about the job role ect, she then told me to come in on a Friday and do an 11 - 3 shift to get a feel for the restaurant and stuff so I agreed. No paperwork was signed or anything like that the only proof this happened was the messages from the area manager and I guess the CCTV of me working that shift. After I worked the Friday 11 - 3 shift I spoke about salary and payment, which I was not happy to work for so we said thank you to each other and goodbye. The next day I asked the area manager about my payment from the shift I worked the day before and she said it was a 'job preview' and that I wouldn't be paid for it and I then asked her for the head office contact number and she basically ignored my message.

Is this legal? I never agreed to a 'job preview' or anything like that and as far as I'm aware free labour is illegal. I need some advice on what to do next and how to take this further.

Thank you in advance.
Jack
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Old 08-09-2020, 08:39 AM
 
5,125 posts, read 2,803,513 times
Reputation: 6975
You were cheated and should have established what you would be paid for this shift beforehand with the manager. I think that this is an unethical practice. Either the company extends you an offer with a clear communication of what the pay and other benefits would be, or not. You should have been given the salary or wage information up front before this "trial run". If you didn't like it, then you would have declined it without working the shift. Your time was wasted.

In the future, beware of these trial runs. Always find out the salary or wage compensation first so your time won't be wasted. This company is not ethical in my opinion and not worth working for.

I'm not sure what you could do about getting payment for your work. Perhaps others with more expertise about this could comment.
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Old 08-09-2020, 08:45 AM
 
3,319 posts, read 2,410,569 times
Reputation: 6868
I would report them to the Labor Dept of your state. At the least, no one is allowed to work for free. That includes someone’s spouse or mother. It is illegal. If you wind up not being paid, be happy that they will be fined at the very least.
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Old 08-09-2020, 01:38 PM
 
Location: North Idaho
32,798 posts, read 48,641,741 times
Reputation: 78948
I think it is pretty common type of job interview. They want to see if you can really do the job. If you forgot to discuss pay before you did the shift, I think you are out of luck.


Next time, make sure everything is discussed and clear before you go in and do the trial shift.
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Old 08-09-2020, 03:49 PM
 
4,295 posts, read 2,796,411 times
Reputation: 6220
I have experienced this. To be honest, I think it is fairly common. It probably is legal, but I find it unethical.
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Old 08-09-2020, 04:50 PM
 
5,317 posts, read 3,269,593 times
Reputation: 8250
You were brewdogged.

Report this to your state's department of labor - wage theft.
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Old 08-09-2020, 05:02 PM
 
34,292 posts, read 17,389,977 times
Reputation: 17376
Quote:
Originally Posted by Mancubus88 View Post
Hi, so I applied for this job and met the area manager (as the role was for an assistant manager) and spoke about the job role ect, she then told me to come in on a Friday and do an 11 - 3 shift to get a feel for the restaurant and stuff so I agreed. No paperwork was signed or anything like that the only proof this happened was the messages from the area manager and I guess the CCTV of me working that shift. After I worked the Friday 11 - 3 shift I spoke about salary and payment, which I was not happy to work for so we said thank you to each other and goodbye. The next day I asked the area manager about my payment from the shift I worked the day before and she said it was a 'job preview' and that I wouldn't be paid for it and I then asked her for the head office contact number and she basically ignored my message.

Is this legal? I never agreed to a 'job preview' or anything like that and as far as I'm aware free labour is illegal. I need some advice on what to do next and how to take this further.

Thank you in advance.
Jack

illegal. contact local DOL.
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Old 08-09-2020, 05:12 PM
 
Location: Atlanta
5,622 posts, read 5,981,959 times
Reputation: 4910
I would be surprised if it is actually legal.
Even if it is, sounds pretty s****y.
At least be a thorn in their read-end
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Old 08-09-2020, 05:22 PM
 
29,572 posts, read 22,962,187 times
Reputation: 48334
It's not as clear cut as saying it's downright illegal.

If anyone has any links to laws that clearly state unpaid job trials are illegal (national or state), I'd be more than happy to see it.

The OP can consult a labor attorney in the appropriate state to see what the options are, but I'd say there's really no case here and just let it go.

Lesson learned, settle these things before hand and get it in writing if necessary.
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Old 08-09-2020, 06:30 PM
DKM
 
Location: California
6,766 posts, read 3,925,330 times
Reputation: 6690
Hah, you agreed to try out the job for free... so what is your claim again?
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