Various Problems At My Work

Discussion in 'Ask an Employment Attorney' started by StupidityIsIt'sOwnReward, Dec 10, 2018 at 11:04 PM.

Tags: Add Tags
  1. #1 StupidityIsIt'sOwnReward, Dec 10, 2018 at 11:04 PM
    StupidityIsIt'sOwnReward

    StupidityIsIt'sOwnReward Guest

    I have been working for this company for 55 weeks and since the first day I have been there have encountered numerous problems with my #1 Hiring Raise, #2 Paycheck, #3 Insurance Deductions, #4 Overtime Payment, #5 Working From Home, #6 Non Payment For Attending " Mandatory Staff Meetings

    #1: When I was hired I was told that they would start me at a certain rate of pay then after my "probation" I was to be given a raise. 5 months later no raise ( normal probation period is 3 months) When I confronted the Owner/CEO of the company about our agreement he said the he would look into it. He ducked me for a week then had the Vice President meet with me and the Vice President told me that he knew of no raise agreement between the Owner and myself and that he couldn't help me or honor any agreement and the only way that I could possibly get a raise is if I worked nights or weekends and possibly become a Manager .

    #2 Consistently not being paid for work done. Have to "bring it to the attention" of the Vice President ( who oddly enough, handles the payroll hours - even though there is a "payroll department" . ) I have even sat down with him to discuss this and still it routinely happens . Example: the company pays for certain holidays I was to be paid for Labor Day and was not when I brought it to the Vice President's attention I was told that " Maybe the payroll department found out that they didn't have to pay me for the holiday. Went to the payroll department and was told that it wasn't her but the company that issues the paychecks .

    #3: I was eligible for the company insurance after my probation but they forced me to apply for the insurance 2 weeks after I started my employment with the company. Approximately 6 months after my hire date the payroll department "noticed" that they had not been deducting my insurance and discussed this error with the Owner ( without my knowledge) And the owner said that I was to pay for their error . A larger insurance deduction was taken out of my paycheck to cover their error.

    #4: I used to work overtime that I was never paid for unless I again,brought it to their attention. The Vice President uses a very odd calculation to figure overtime and because of this . I refuse to work overtime.

    #5: I was working from home at night being paid "piece work" But there was always an "issue" My numbers differed from the Vice Presidents ( his were obviously lower). After numerous attempts to correct the situation I just resigned working from home..

    #6: I am forced to attend "Mandatory Staff Meetings" - which are held on Saturdays ( my day off) and not all staff attends ( again "Mandatory Staff Meeting) .I was not paid for at least 2 meetings. Last "excuse" given was that I am a "salaried employee" ( I am not- I am paid hourly ) and the owner said a week after the meeting that he was "tired of salaried employee's getting over on him and he was not going to pay for it anymore".

    I really need some solid advice for this situation ( beside the obvious - find employment elsewhere).
    Any suggestions would be helpful
     
    Quote

  2. #2 Charles Joseph, Dec 12, 2018 at 10:31 PM
    Charles Joseph

    Charles Joseph New Member

    Joined:
    Nov 30, 2018
    Messages:
    18
    Likes Received:
    0
    Your situation sounds chaotic and stressful, and it looks like at least some of what your employer has done may be illegal.

    Verbal Contracts

    Generally, verbal contracts are as enforceable as written ones, as long as you can prove their existence. Here, however, you have an additional problem because the owner’s promise probably was not precise enough to be enforceable. The promise of a “raise” at the end of an unspecified probationary period likely is too vague to constitute an enforceable contractual term. A contract is legally binding only if its terms are sufficiently definite so that a court could understand the parties’ obligations.

    Being Paid for the Hours You Worked

    As a non-exempt hourly employee, you are legally entitled to be paid for every hour you work. Your employer is obligated to keep accurate records of the hours you worked and the wages you were paid. In New York, employers must provide a paystub with each paycheck listing the time-period covered, the rate of pay, the number of hours worked, and any deductions. It should not be up to the Vice-President to figure out the hours you worked; there should be a record.

    Because non-exempt hourly employees must be paid for every hour of work, you must be paid to attend mandatory meetings outside of your usual working hours. If attending those meetings meant you worked more than 40 hours that week, you would be entitled to overtime pay.

    Non-exempt employees who work overtime – more than 40 hours in a workweek –must receive overtime pay, which is at least one and a half times their regular rate of pay.

    Holiday Pay

    The law does not require your employer to give you holidays off from work, pay you for holiday time off or pay extra for work performed on holidays. However, many employers choose to offer holiday pay, and they must abide by any policy they set.

    Deductions for Insurance

    If you were covered by the insurance during the six months the employer forgot to deduct for it, you are responsible for those back payments.

    Because it looks like you may have been underpaid, you probably should contact an experienced employment attorney in your state. Most offer free initial consultations. You also could file your own claim for unpaid wages with the Department of Labor.

    You can read more about employee rights at https://www.workingnowandthen.com/.


    This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.
     
    Quote
  3. #3 anonymous, Feb 15, 2019 at 5:34 PM
    anonymous

    anonymous Guest

    I am not an attorney, but I experienced a similar situation working for a major hospital. In the end, I believe the hospital realized the job description they wrote was incorrect. I know because I kept my original job description and compared it to the new job description. My manager was pushed out and new management came in and they started to clean house. The hospital push me out by using multiple stall tactics. I was in the field a lot and my expenses where not paid.
     
    Quote
Reply to Thread