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may i please be a customer

Posted Tue August 25, 2009 3:03 pm, by Rachel G. written to Kmart

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i work at Kmart but I'm also a frequent shopper. i spend a lot of money there and when I'm off the clock then I'll sit in the eatery, eat and drink something i just bought or just to read for a while before shopping some more. sometimes i do talk to the other employees but then i go back to shopping or back to the eatery to read. I really don't get in the way or bother anyone but am constantly harassed by the managers. they actually make me leave the store when I'm sitting in a closed eatery reading a book. how do you think that makes me feel about shopping at the store. should i work there and then take my shopping elsewhere? most of the time i am waiting for a fellow employee to get off of work so i have a ride. should i have to sit outside with the bugs or heat or in the winter?

i would love to be allowed to sit and mind my own business in the store while i wait for my ride or in between shopping.


Reply



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by The Return of BellaSera Posted Thu August 27, 2009 @ 11:08 AM

I agree with everyone else who said that if regular customers aren't
allowed to sit in the eatery and read, then sorry, neither should you.


However, I also wanted to point out something you said. First you
said, "i do talk to the other employees" but then you said "I really
don't get in the way or bother anyone." If these employees are on the
clock, working, then you ARE bothering them which is why management
would probably prefer you not be in the eatery, off the clock, talking
to employees who are supposed to be working.

Reply

by Nate. Posted Wed August 26, 2009 @ 11:31 PM

Many companies have policies about employees being around, even off
the clock. I work for a major motel chain. We cannot be on property as
a guest or visitor under any circumstances. It is a security and
privacy concern. A little while ago, there was a homicide in my area
involving off duty employees robbing the safe while someone ran in
with a gun... They were hanging out in there, and then the friend with
the gun got the manager. This is an extreme example, but off duty
employees can be a security risk. Also, this could be a liability
issue... How do they handle you? Customer? Employee? It would be a
sticky situation.

Reply


so you also can't rent any rooms then? by PepperElf Thu August 27, 2009 @ 3:01 PM

by RedheadwGlasses Posted Wed August 26, 2009 @ 1:00 PM

Two words from management: Go home.

Reply

Or (and I'm sure you've heard this before ) "You don't have to go home, by Even Steven Wed August 26, 2009 @ 8:27 PM


by Just Jeffrey Posted Wed August 26, 2009 @ 11:33 AM

When you're sitting there, do you consider yourself an off-duty
employee? Or a customer?

It sounds like you consider yourself a customer, based on your
letter.

That being said, what's you opinion of other customers (that aren't
employees) sitting in the eatery or hanging out in the store waiting
for rides? If you think any customer should have the "right" (as a
customer) to hang out, then I agree... you should be able to stay
there.

I think this has less to do with you being an employee and more with
your feeling that customers should be able to use the store as a place
to hang out. This is sometimes called "loitering."

Reply
by rentalracer Posted Wed August 26, 2009 @ 10:21 AM

Most places will consider you to be an employee even when off the
clock. I know the "chains" I have worked did-for example, at the
chain restaurant I worked at I was not allowed to sit at the bar and
have a drink even on my day off because I was an employee. I worked
at Wal-Mart briefly years ago and I don't recall the exact policy
except I was not supposed to "hang out" in the breakroom or back
section of the store on my days off, unless it was for a company
function. Nobody cared if I shopped there though.

I don't think anyone would care if you were actually shopping in the
store once your shift had ended-but buying something to eat and
reading a book (especially once the eatery is closed) is not really
shopping.

Maybe there is a Borders/Barnes and Noble/Starbucks close to you that
you could kill some time in while waiting for a ride?

Reply
by Michelle O. Posted Wed August 26, 2009 @ 8:54 AM

Many companies ( maybe it's a retail thing) have policies against
loitering when you are off the clock. Unfortunately, what you
describe yourself as doing is exactly that. You are hanging out in
the building. I am not trying to be mean, but it isn't their problem
if you get rides from your coworkers - I assume you are being
scheduled to work during times you have told them that you are
available. You state that most of the time you are waiting for a
fellow employee to get off work, that is not shopping and you are not
a customer.

My advice is to find someplace else to wait and read -maybe you could
treat yourself to a soda at a Fast Food place and wait there. Then
you actually would be someones customer and it is doubtful that you
would receive complaints. (unless your wait was long)


Reply

by Zan Posted Wed August 26, 2009 @ 6:49 AM

The eatery is closed while you're sitting there? That may be the key.
They probably don't want customers sitting there after it's been shut
down and cleaned, to avoid having to monitor the area (and clean it up
again after people have been eating there). And if customers see you
there, they may assume it's okay for them to be there too.

But I agree you shouldn't be made to leave the store. Do they have
some kind of employees only area that's off the main floor? Even if
you're off the clock, I think you should be allowed to wait there for
your ride.

Reply

by SiotehCat Posted Wed August 26, 2009 @ 6:41 AM

Do you have some kind of work uniform on while you are doing this?
Some work places, my own included, have rules about being off the
clock but still in uniform.

I think that if you want to hang out in the store, then you should
change out of your uniform.

Reply

by PepperElf Posted Tue August 25, 2009 @ 11:39 PM

the only thing worse than having the boss nag you when you're on your
break, or off the clock waiting for a ride home...

is when a customer comes up and demands you help them


Though.... it does turn extremely funny when they do it to people who
don't work there. Especially when they threaten to have you fired.



now the only thing i can say against your complaint is that if you're
sitting in the closed eatery another customer might assume they can
sit there too.

but personally, if i was shopping there and saw it... i'd just think
"oh someone on break, OK" and wouldn't personally be offended by the
idea of an employee being on a break.


it's too bad there's not a break room.
what do they expect you to do in the winter? stand and freeze in the
snow until your ride arrives?

Reply


Here's a tip: by The Return of BellaSera Wed August 26, 2009 @ 2:36 PM


by RowdyRetailer Posted Tue August 25, 2009 @ 11:28 PM

I have issues with my employees that want to talk to other employees
while they are working.

They always state, I am off the clock, and I say back, but they
aren't!!!!

You mention something to that effect, so perhaps that is why you are
being asked to leave.


Good Day

Reply
by BirmanCat Posted Tue August 25, 2009 @ 4:39 PM

You may wish to check Minnesota's labor laws. I've lived in several
states, and it's always been a part of the labor laws that hourly
employees, other than on a scheduled break, must be paid for the time
they are at their place of employment.

If Minnesota has such a law, it doesn't matter that you're sitting in
a closed section of the "eatery," you're still in the store, which
means, in the eyes of the law, managers must either pay you to sit
there or have you leave.

Most state labor departments have contact information on their Web
sites. You can check there to see if you can get a waiver from the
state to remain at your place of employment past your normal working
hours without being paid.

Several years ago I worked in Illinois, where winter weather can make
travel difficult. My employer tried to get a waiver from the state to
allow employees to come into the building prior to the start of their
shift and sit in the break room instead of standing outside in the
cold.

The state turned us down, but my boss made arrangements at a bowling
alley across the street so employees could wait there. Ridiculous?
Yes.

Reply


so by that law, would the store then have to pay you to shop there after your shift was over? n/t by PepperElf Tue August 25, 2009 @ 11:41 PM

It depends on how the state law is written by BirmanCat Wed August 26, 2009 @ 12:40 PM


I don't believe that's the law in ANY state by RedheadwGlasses Wed August 26, 2009 @ 1:01 PM


I don't know by Wolf Wed August 26, 2009 @ 1:52 PM


Shoot. by The Return of BellaSera Wed August 26, 2009 @ 2:38 PM

FLSA Rulings by BirmanCat Fri August 28, 2009 @ 4:43 PM


That doesn't cover hanging around the workplacd at all by RedheadwGlasses Sun August 30, 2009 @ 6:00 PM

Yes, it does by BirmanCat Mon August 31, 2009 @ 8:22 AM

by Maegan Z. Posted Tue August 25, 2009 @ 4:37 PM

Is there a break room that you can use when you're on break or waiting
for a ride?

Reply

by Lisa H. Posted Tue August 25, 2009 @ 3:07 PM

Is there a policy about any customer sitting in the store reading? In
other words, would you be asked to leave if you were sitting in a
closed section of the store reading if you didn't work there? If so,
then you are being treated as a customer.

Reply




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