Home | Links | Contact Us | Bookmark
Legal Forum Search :
   Homepage      News     Legal Directories      Legal Forum      Dictionary  
Legal Forum    Law & Legal Jobs
Legal Discussion Forum

 I was wronfully terminated from my job need info on what avenues i can take and the legalites of being fired?
i live in oklahoma just wanting some info on termination what is policy and procedure what is legal and what is not i feel i was wrongfully terminated because i would not do things that where ...


 Can an employer bring up anything you do, say or post on the internet?
Can an employer bring up anything you do, say or post on the internet that is not about your employer, any employee or the company you work for?...


 Are companies required to give pay raises or cost of living raises by law?
My first year will be in July. In the past, evaluations and raises have taken place in June. (I have never had a 3 month or 6 month evaluation at this company.)

There is talk about us not ...


 Help with dismissal for work?
I need a little advice yesterday monday my work told me they no longer needed me , I have worked there for 4 months and they said i was on a three month probation trial , looking in my contract there ...


 Is it discrimination and harassment if my employer tells my coworkers not to talk or associate with me?
They also spread negative things about me around the office and my coworkers who were once nice are not anymore or they ignore me all together. My coworkers are being told to refer me to management ...


 Is this legal? 10 points!?
I asked this question before but wasn't happy with the answers.
Is it legal to start a tutoring business at my house? I'll charge like 10 dollars an hour. I'm going to take up to 2...


 How legal is this?
Our company had been having financial issues like many. But our company is a nation wide corporation.. make a difference..


None the less, our senior manager made it very very very ...


 i may have a job at shells gas station but there doing a background check & i have a warrant?
because i was driving without my liecense and they gave me a court date & I didnt show, which means a warrant will be issued out.will the warrant show up on my background check? and hold me from ...


 what do you call this job description?
I am writing a new resume. I worked a law office before. one of my role was to change clients information on the computer for different cases, writing letters... what do you call that? for the job ...


 Reason for firing an employee through Human Resources?
Legally, do you have to give an employee that is fired a reason for their dismissal of their job duties?...


 Could i sue my employer for under paying me?
Im working 66 hours a week and getting paid every two weeks $800 dollars, my employer wont give anyone working there any less hours.. we use the time punch card but only punch in 40 hours a week ... ...


 can employer change my working day from 28hrs over 4 to 28hrs over 5 days?
i currently work 28hrs over 4 days my boss wants me to work 28hrs over 5 days meaning i have to increase my childcare. plus the hours dont fit around family life, i have been working here for 2 years<...


 Is it legal to only ask for Polish speaking workers in the UK when advertising a job?
...


 Charged with Unemployment fraud .how to avoid conviction in criminal court?
I live in Nebraska and collected unemployment benefits sometimes back in 2006. And the lady I spoke with told me that even if I find a new job I could still keep on collecting money since It was my ...


 I got fired for being seek . I had a doctors note can they fire legally?
...


 Why should I hire you?
I am applying as a call center agent I would like to ask what will be the best answer for this question Why should I hire you?...


 Can I be forced to work more than 8 hours a day?
I work in healthcare. My company has recently added more work to our load and expect us to work more than our 8 hours a day. It was okay for the first few weeks but it seems like this will be trend ...


 I am pregnant with a compressed disk in my back and now several managers are giving me a difficult time.?
I work for a home improvement company. I have been on and off bed rest for a few weeks under doctor's care. I have all the documentation to support this.

(The HR manager is the one ...


 working 7 days a week for weeks?
can a company make u work 7 days a week straight for weeks and pay you regular overtime on a ...


 can my employer make me clean the office?
this company is so cheap. they wont even get garbage service, they have an employee take it somewhere. they are expecting "some" of us to clean bathrooms, vacuum, and mop floors. I was ...



trevor e
I'm a salary paid employee, if my company decides to shut down for a day, is it legal for them to dock my pay?
They take 8 hours of pay from my paycheck each time they shutdown for a day because of lack of work. As a salary based employee I was under the assumption that I would get paid whether the plant was operating or not.
Additional Details
I live in N.Y.

I also understand that the company shuts down for lack of work and financial reasons. I'm not looking to get the pay back, but my own financial needs are being sacrificed for the companies gain. Not many people can afford to lose a days pay a week and still mantain the same lifestyle.
I also work several hours of overtime each week without extra pay.



Show all answers
Post your answer

Chris M
Rating
What state do you live in?

In texas, you should have a contract you signed when you started the job stating the salary you should be paid, and if they can change the amount. Re-read that document to ensure your wage cant be changed.

If it cant, send letter. If they don't pay you, take them to small claims.

Was this answer helpful to you?  Yes  /  No



sylvia_jean_m
Call the labor board in your area and ask them that question and they will tell you. If you are a salaried employee it would not affect your pay; but, if you are an hourly-paid employee, I believe they can. I would call the labor board before I would suggest ill feelings about your pay to your boss!

Was this answer helpful to you?  Yes  /  No



Jeff D
Rating
Depends. Are you non-exempt or exempt? If salaried exempt, I do not believe they should dock you. But, you need to ask a lawyer.

Was this answer helpful to you?  Yes  /  No



Almond
Rating
Check your employment contract agreement or employee handbook. You may have agreed to those conditions and forgot. If you never agreed to those conditions, then you have a case. You can file a wage claim or you may file a case in small claims court.

Was this answer helpful to you?  Yes  /  No



Mel
Rating
You are correct in your assumption that "salaried" (exempt) means you are paid for a full week at a time, regardless of the number of hours worked.

However, the company is permitted to shut down for a full day and not pay its exempt emloyees for that day. It sounds from your description that they are taking advantage of this by shutting down frequently and not paying employees. You might want to contact the department of labor in your area about their shady dealings: www.dol.gov

Was this answer helpful to you?  Yes  /  No



Judy
Rating
Your assumption was wrong. They only legally have to pay you for the time you work.

Was this answer helpful to you?  Yes  /  No



MavistheMaven
That sounds right.

Start by quietly mentioning to your boss (who is probably also being docked) that you've been getting docked on closed days, and you think this must be a payroll mistake, since you're salaried. It could be, and if it is, they'll fix it.

But they may expect you to accept the pay dock. Realize that they're not shutting down because there's no work, they're shutting down to save money (because there's no work to generate income). Again, talking quietly and non-confrontationally with the boss will tell you whether this is the case. If you and the boss relate well, he may share some private company info or maybe his feelings about it with you. This can help you to decide how to pursue it.

By rights, you can demand the docked pay. If you want to take this route, have a free consultation with a lawyer or two, to get their opinions on the matter. If you decide to, you can choose one of the lawyers to file suit for your missed pay.

But if the company is hurting financially, they may decide they can't afford you, and you'd be out of a job. They'd still have to pay you for the docked time, but they can legally lay you off.

it is possible that you could negotiate a bit. If they can't pay you and you want to work with them, ask for extra comp time or pay for the next time you have to work overtime. You could also try to take a role in helping them to get more work.

You also need to think about how viable the company is. Can the company be expected to recover from this lean patch, or should you look to jump from a sinking ship?

Was this answer helpful to you?  Yes  /  No






Archive: Forum - Forum - Links - Links1 - Links2 - RSS - All RSS Feeds
Trusted legal information for you. 0.034
Copyright (c) 2007-2010 Find Legal Advice Monday, April 21, 2014 - All rights reserved - Terms of use - Privacy Policy