I was offered a position at a major global coorporation here in the state of Florida.. Compensation was a set salary plus overtime over 40 hours. The recruiter is the one who informed me of compensation. I had one interview with the Manager and he is usually out of time so I the recruiter handled the whole process from initial contact to job offer..... When I was offered the job I was about to turn it down until the recruiter started talking about how great the overtime pay is because it could ad an extra 10,000 a year for just working a few extra hours a week. After a little thought I quit my job and accepted..... After I started I was informed that there is NO OVERTIME for my position. I approached my Manager and he basically said that it was an error and didnt even appologize. His attitude was basically take it or leave it.... I felt like walking right out but I didnt quit my other job and do need to pay bills... After a little research I found documents were my Manger signed off that it would be a position with overtime pay. These are very confidential files but I have access to them. Basically I feel that they did not negotiate with me in good faith and caused me to quit my job....

What can I do about this situation? Its not just an overtime dispute and they also lied to me about the compensation..

Did you receive your offer in writing? If yes, did the offer state that the position was exempt or non-exempt?

Since you received this offer via a third-party, I'd suggest giving your recruiter a call. I'm sure they have documentation to specs of the job and if it's exempt or not. Most likely they had a contract with your employer to get this position filled.

You do understand that even if it's a non-exempt position they are not obligated to allow you to work overtime, right?

Well the non-exempt status was not in the job offer but after reviewing other job offers of different employees here I saw that job offers to exempt and non-exempt employees are the same.. But as I said before, I attained documents signed off by my manager which state that the position was opened as a non-exempt position. They cannot search for a candidate unless these papers are filled. And they are signed off as being a non exempt job.

Cbg, to clarify. Its not that he wont let me work overtime. My job is an EXEMPT level position even though I was offered a NON-exempt position and all documents reveal that it is a NON-exempt position.

The recruiter was not third party. She was an employee at this company and she was the person who I replaced..



Other than that, my problem is that they did not negotiate in good faith and flat out lied to me. To be honest I dont want to work here because I have already had two conversations with the Managers. He seemed almost offended when I spoke to him about it and I feel quite uncomfortable. But I would like to bring negative attention to the company and their actions.

With the above stated what can one do?

Anyone care to respond?

No, no one here is interested in helping you bring negative attention to your employer. That's not what we're about.

If your employer is violating the law we're pleased to provide you with the appropriate law; likewise if your employer is not violating the law we'll tell you that. But we're not here to help you get revenge.

I understand that your position is exempt. What I said was that EVEN IF the position had been non-exempt, they don't have to permit you to work overtime.

CBG,

The thing is that I HAVE worked overtime and will in the future when it comes to all the travel they will have me do. I was offered a non-exempt position and then told after I accepted that they made a mistake and that it was exempt..

They claim that the position was NEVER non-exempt but I have found documents that flies in the face of that. They then changed me in the system as exempt after I was recruited, interviewed, and hired in the system as non exempt.

I feel that they made a mistake are now trying to cover they behinds.

The employer has every right to reclassify you as exempt if you meet the criteria, whether it was a "mistake" or not.

Thing is that I dont fit the criteria.. I dont supervise anyone and dont make hard decisions that affect the business..

If you don't agree with your classification under FLSA, you can always ask DOL to issue a determination. IT's what they say that matters.

A leading emplyment lawyer called me this morning about the matter and she thinks my claim seems valid on the face of things.

Its a horrible feeling when your lied to about your wages when they offer you a job.

Time will tell

Please keep in mind that the exempt or non exempt status of an employee is only determined by gathering the actual facts of the employment position of each employee, by the US DOL. The fact that some document in human resources, indicates that this position is exempt, does not make it so. The employee at time of hire may have been mislead as far as overtime goes, whether the overtime was going to be paid or not. A determination must be made as to the exempt status of such employee. And then determine if overtime was worked and not paid. It appears Kid Dynamite was not provided with accurate information, on purpose, as to the payment of the overtime worked hrs.