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Making my Wife work when She Has A Court Order???? Please look-ILLINOIS

Making my Wife work when She Has A Court Order???? Please look-ILLINOIS

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  #1  
Old 07-30-11, 06:36 PM
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Making my Wife work when She Has A Court Order???? Please look-ILLINOIS

First off, thanks guys for the opportunity to ask this question.

Here is the dilemma.

My wife has two children from a previous marriage. The oldest, has no contact with his father. The youngest, see her dad (he lives locally) on a bi weekly basis.

My wife was hired at her job under the understanding that she needed every other weekend off, due to child responsibilities. (Oldest 14 has autism, youngest 9)
When her job took on new owners, they new of this situation and hasnt had a problem with them in 2 years. Recently (past 4 months), her boss has been pitching a fit saying that he needed her to work every weekend.
She stated that she couldnt due to child responsibilities and he shrugged it off. Repeatedly almost harassing her about it and everytime she has given him the same response. He has even gone as far to come to my place of work to conduct business with me, and then HE brings it up again with ME?

Anyhow, today when she was at work, her boss pulled her into the office and stated to her that his brother (another boss) told him to tell her that she is going to be "required" to work every weekend and holiday. She asked him-"even with my court order for children?" He replied, "Yes!"........

My question is- Is he legally able to bind her to coming to her job, on the weekends that both kids are at home? Can she be punished/terminated legally for being home with the kids when they are asking her to work?

Im sure you get my drift, and if you have any reference to any legal documents that you could provide to me, that would be fantastic. Im going to google around, but you guys have been so helpful before.
THANKS
 
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  #2  
Old 07-31-11, 06:08 AM
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I think the short answer might be..Yes they probably can do it. I'd imagine it depends on the type job (Union?) and the state she is in somewhat. Because they let it slide for 2 yrs might carry some weight. Tells you a lot about the owners if thats the way they operate.

My last private sector job, they tried to rotate so people either got Fri/Sat or Sun/Mon....but there was no real rule about it. And all bets were off during our busy seasons or for part timers. When some people would say they had a similar situation as your Sis...the answer was normally "We'll try to accommodate you for a month or 2...but you need to make other arrangements or find another job".

Very rarely does a small business owner have to honor agreements of the prior owner.

All of this is AFAIK of course, no legal expert. Might be worth a $60 appointment with a real Lawyer versed in employment law. If it goes that far....she's not going to like working there very much anyway though.
 
  #3  
Old 07-31-11, 06:25 AM
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Companies have to follow certain rules and guidelines, but this isn't one of them.
Yes, they can require her to work when they need her or be fired. What does a court order between your wife and her kids have to do with him anyway?
Can't you watch her kids or get a babysitter? The father of the oldest one should be paying child support (now that's a law), which would pay for the babysitter.
 
  #4  
Old 07-31-11, 08:19 AM
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The court order has nothing to do with your wife's employment or employer. It seems to me your wife has a choice either work the hours the job requires or find another job.

That's not intended to be harsh, but you are only looking at this from one perspective.
 
  #5  
Old 07-31-11, 04:11 PM
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Originally Posted by Shadeladie View Post
Companies have to follow certain rules and guidelines, but this isn't one of them.
Yes, they can require her to work when they need her or be fired. What does a court order between your wife and her kids have to do with him anyway?
Can't you watch her kids or get a babysitter? The father of the oldest one should be paying child support (now that's a law), which would pay for the babysitter.
That would be a perfect world yes. But the father of the oldest hasnt paid his child support in over a year nor contacted his son. THATS A WHOLE DIFFERENT ISSUE. And as for myself watching the kids, that wouldnt be a problem, BUT I work all weekend long and attend school during the week.
 
  #6  
Old 07-31-11, 04:18 PM
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Originally Posted by Wayne Mitchell View Post
The court order has nothing to do with your wife's employment or employer. It seems to me your wife has a choice either work the hours the job requires or find another job.

That's not intended to be harsh, but you are only looking at this from one perspective.
I didnt take it to be harsh... Im asking for answers/ideas on what we should expect if the situation get worse. Which im assuming it will.
 
  #7  
Old 07-31-11, 04:35 PM
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Sorry I misread...(or had a brain furt)...didn't mean to insinuate you were married to your sister...(I know you skipped over my mistake..lol).
 
  #8  
Old 08-01-11, 03:39 AM
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Originally Posted by Gunguy45 View Post
Sorry I misread...(or had a brain furt)...didn't mean to insinuate you were married to your sister...(I know you skipped over my mistake..lol).
I know... It actually made me laugh. Thanks again for your help.
 
  #9  
Old 08-01-11, 04:20 AM
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Sounds like she works for people who are not concerned about her, it's time for her to look for another job.

Also, I agree with the previous responses, I think that legally her employers are on solid ground with their demands.
 
  #10  
Old 08-01-11, 05:37 AM
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Concur here, too. I think it was time to brush up the resume at the first hint it was an issue. Given that direction of thought by the new owners, they weren't likely to reverse course. Tough situation given the job market these days. Unfortunately this also gives the owners added leverage to impose their will on the employees.
 
  #11  
Old 08-01-11, 08:08 PM
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Resume has already been updated, and shes dropped off a couple applications. Trying to get her back into the banking industry.

Bless her heart though--- hopefully all will work out in the longrun.
 
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