employment

#368: On Call in Canada – What are your rights?

 

RECORD STORE TALES MkII: Getting More Tale
#368: On Call in Canada – What are your rights?

I was wary to post more on this subject, but here goes!  The last time I brought this subject up, it resulted in behind-the-scenes fallout with two guys that used to work under me at the Record Store, who did not agree with my stance. They did get me thinking though, and since that time I have tried to find out more about worker’s rights in Ontario on this specific issue…and I finally got my answer!

My question was this:  Can an employer order you to use your own personal cell phone, for work (specifically retail) purposes, without compensation or prior agreement?

Some additional details to fill in the blanks:

1. I was a store manager.  Managers were required to make themselves available when needed.

2. I bought my cell phone myself in May of 2000.  It was purchased after getting lost on a weekend trip up to Huntsville in the middle of the night.  I decided, “Well, I never want to feel that isolated again,” so I went to the Bell store at the mall with my buddy T-Rev and selected a phone.  That phone lasted me until 2006, which wasn’t bad at all.

3. I did allow work to call my cell phone in the past.  I did not keep the number secret and I posted it so that I could be called in case of emergency.  This was my secondary contact number, because most of the time the phone was shut off.  My landline was my primary contact.  My cell wasn’t even all that helpful, much of time.  There was no cell phone reception up at the cottage, where I spent most of my summer weekends, but for years this was not a problem.

4. Not all store managers even had cell phones.  Joe aka “Big Nose” did not have a cell phone that I knew of.  If he did, he was smart enough not to tell anyone about it.  I was a friend of his and I didn’t have his cell number, if it existed.

So when my direct supervisor stormed in on the morning of December 19, 2005 after a weekend crisis while I was out of the house for an hour and unavailable on the phone, they demanded that I leave my personal phone on “from now on”.  I have always assumed that I must have had some rights on that issue.  Allowing work to call my cell is one thing, but being ordered to leave my phone on 24/7?

Since I had been looking for an “exit strategy” for a while, I used this cell phone disagreement as a justification in my mind to give them my notice.  I did not feel “entitled” to any special treatment, I simply wanted to be treated fairly.  But I had no fight left in me, and I wanted out more than I wanted to stay.  But if I had stayed…could they have made me keep my cell phone on 24/7?

A legal source informed me that no, an employer cannot order you to use a cell phone that they didn’t pay for.  End of story. Period.

“You did nothing wrong,” said the lawyer. “You’re weren’t working for the Fire Department.”  And I finally know that I was right.

I have no regrets today, and the store that I used to work for continues to thrive.  I am glad for that; the store was a huge chunk (28.5%) of my life on Earth.  The parting was done amicably, and I am proud of everything we achieved as a team.  I am left with these wonderful Record Store Tales to remember one of the most exciting and interesting times in my life!

SAM_3211

Part 320: End of the Line #6: The Birth of LeBrain

RECORD STORE TALES Part 320: End of the Line #6: The Birth of LeBrain

I discovered quickly that listening to rock radio in an office was much better than listening to CDs in the Record Store. They really hounded me about my in-store music selections.  With the radio, nobody yells at me about the music. I could just enjoy it as I worked, and the music has not been lame!  Just this week, I rocked out to Judas Priest’s “Painkiller” and Savatage’s “Hall of the Mountain King” at work on the radio.  Last week it was Slayer.  I doubt I ever played any of those songs in the Record Store.  Traffic reports are an added bonus.

Our office has its radio set to 107.5 Dave FM, and it is through them that I met new friends such as Marko Fox, Craig Fee, Simon McGhee, Patrick Dynamite, and more. It is there that I became “LeBrain”.  There was a daily contest…a near legendary contest…called the 4 O’Clock 4-Play.  Every day at 4:00, Craig would play four songs with a common theme.  Guess the theme, win the prize.  I started winning frequently, and had started submitting my own 4-Play quizzes for the show.  They numbered in the hundreds, I am certain.  Some have never been used.  Craig told me he had an email folder filled with my 4-Plays that hadn’t been used yet.

Photo0978

Craig Fee with some beard douchebag.

This led to features on the station such as “Stump LeBrain Week”, where I was in the studio every day for a week as listeners tried to stump me. (The only day I was not in the studio was the Wednesday, where I was live on air with Marko at Chicopee ski club.)  Other listeners sent in their own 4-Plays specifically to stump me, and Craig picked his five favourites.  That was followed by LeBrainuary – an entire month of my own musical 4-Plays.  They also did a final LeBrain Week before they finally shut the contest down.

I still hear about that contest.  Every once in a while I meet someone new who knows me only as “LeBrain” from the radio.  There was one at Sausagefest this year.  I always get asked, “When are they bringing that contest back?  It was awesome.”  I wish I knew!  I’ve bugged Craig about it too.

While it lasted, it was awesome. I became a D-grade local celebrity! But I wanted more. I pestered and bugged Craig Fee daily. I sent him my reviews, early chapters of the Record Store Tales, rock news, rants, anything and everything!

You know what happened next. It was the “lightbulb moment”.  Craig said the magic words: “You need to start your own blog.”  

And so I did, and that’s why you’re reading this today.

I knew immediately I wanted to finally publish the Record Store Tales.  I started writing them over 10 years ago.  I originally envisioned a book version of Record Store Tales.  I started writing it with that in mind, but most of it hasn’t been used, because I felt some chapters were a little too off-topic.   Instead I mined my extensive journals to create new content.  It took about 2 1/2 years to post all of the Record Store Tales, at an average of one every three days.

So here we are, at the end. I knew this day would come eventually. I thought at most I’d come up with 100 installments, tops.  Having said that, the number of stories that I chose not to tell exceeds this body of work greatly.  Believe it or not, I decided to be nice.  There are many things done and many things said that have been left out.  I’ve tried to be candid and maintain my own integrity, and just tell the story of a very cool time in my life.  Not everybody gets to work in a record store.

Positives and negatives aside, the writing experience for me has been mostly healthy, sometimes cathartic, and immensely fun. I hope you have had fun too.

Thank you for your support, inspiration, kind words and contributions: Mrs. LeBrain, Craig, Marko, Aaron, Uncle Meat, Iron Tom Sharpe (Meaford’s greatest athlete), T-Rev, Lemon Kurri, my parents, and everyone else who has ever contributed or told me not to stop.

A huge thanks to the owner at the old Record Store. You gave me a chance and taught me so much.  You have my number.

Sincerest apologies to those I have hurt or offended.

Finally, thanks to YOU – the people who have read this stuff, whether you were a one-timer or a regular. I thrive on feedback and you made this a very rewarding experience.

I hope you’ll stick around, as we launch the Post-Record Store Tales (official title to be announced soon) and continue on with the awesome reviews! Live long…and prosper.

The End.

SPOCK

Part 320: End of the Line #5: A New Life

Part 320: End of the Line #5: A New Life

I enjoy meeting new people and learning new skills.  I spent a while at Aecon and I really liked it there.  Something I learned in my new workplace:  people love a music geek. I was at Aecon for three or four months, and then another place, and another, before finally finding myself working in a full-time-permanent position again. That process only took about two years, which is not bad at all.  One thing all those jobs had in common was that there were music fans everywhere.  As soon as people found out I used to work in the Record Store, the questions began! Did you have this? Have you ever seen that? What was it like working there? Can you make me a Bon Jovi hits CD?  (The answer was yes: I made her a double.  It included Cross Road as Disc 1, and my own custom made Disc 2 with all the rest of my favourites.  See below for my track list.)

I will always have a soft spot in my heart for my job at United Rentals.  We really had a lot of fun there.   They were very good to the staff, and even though I was non-permanent there, I was treated as an equal.  I really appreciated and respect that.  On the music side, we had the radio tuned to Dave FM (having switched from the uber-lame-o Chym FM).  I worked in a computer room in the back.  My boss at that job came in during “Cum On Feel the Noize”.  Excitedly he gasped, “Are they playing Quiet Riot?  That’s awesome!”  We then bonded over cheesy hair metal. I made him a custom May 24 Quiet Riot party CD.  I also made a Christmas rock disc for everybody in the office, two years in a row. That was a hit with a lot of people.

It was a sad day when United Rentals closed their Canadian office.  That unfortunately split up a wonderful group of people.  It did however open the door to where I am now.  Today, I work a satisfying job in the steel industry. It’s special for the same reason that all my jobs have been special: the people.

I like to say that I used to sell Heavy Metal, and now I sell heavy metal!

To be concluded…

Part 320: End of the Line #4: A New Start

A fresh start.

RECORD STORE TALES Part 320:  End of the Line #4: A New Start

My last day was a Wednesday, and Jen had come down to Kitchener from Brampton to spend the evening with me. I remember driving down to pick her up at the bus station in Guelph. I recall being very happy with my last day, and optimistic about the future.

My plan was this: I was going to take the Thursday, Friday, Saturday and Sunday “off”. I wasn’t going to do anything those days. I was just going to enjoy the first four consecutive days off that I had in ages. And I did enjoy them. I bought the movie Office Space and imagined what it would be like having a non-retail job.

Then, Monday, I was going to begin the job hunt. My goal was to apply for at least one good job every single day. The strategy worked. I had an interview by the Wednesday of the following week. The interview went very well. I was told that my personality was one of my strengths, as was my creativity. I had been stifled before, unable to use these strengths to their full potential. The agency told me they had no doubt they’d find something for me soon.

I celebrated by buying a comic book, and I headed home feeling great.

A week later I was placed at my first new job in over a decade, with Aecon Industrial in Cambridge. Nervous and excited at the same time, it was there that I began my new life. I was surprised how different the atmosphere was. At the Record Store, there was always tension. There was also micro-management. I couldn’t do anything without somebody breathing down my neck and changing what I was doing. The ironic thing was that on my reviews, I was always told that I was a micro-manager. Meanwhile, I had been micro-managed by those above me into despondence. At Aecon, I was left to work at my own pace and my own way.

I remember showing up for my first day at Aecon.  There were two new hires; myself and a fellow from Quebec.  We both wore ties.  The manager we were reporting to, Al, strolled out and gave us a briefing as to what we would be doing.  He also said, “And you can take those ties off, you don’t need those things around here.”  We both removed our ties immediately with a sigh of relief, and the three of us shared a laugh.  It was a good first day!

However, the shadows of the past continued to haunt me. I was afraid to ask questions. At the Record Store I never knew if asking a question was a good or bad thing. Sometimes asking a question, even for instructions to be clarified, resulted in my office bully getting mad at me. “You mean you weren’t listening the first time I explained this?” I heard that one at the Record Store a couple times.  It took me a while to get used to asking questions again.

Once I had settled in, life became so much more relaxed. Having every single weekend off was a luxury I hadn’t known before. It felt like I was living in the lap of it, even though I was making less money. I learned that money is not everything in life. Happiness and family are.  The previous three years were a very, very dark place.  I don’t need to paint a picture.  On the outside I’m sure nobody knew.  I wore a mask.  I put it on every day when I left the house.  But it is a tiring thing to wear a mask, and it is a rare day today that I still need one.  For that I am most grateful.

To be continued…

ANUSTART