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sonnylee
06-29-2007, 07:28 PM
I have several issues with a now former employer and need some advice and answers.

1:I was on an agreed salary and with out notice was docked pay for not meeting the hours qouta. Legal?

2:Then they removed me from salary after they didn't have the hours to give me with out notice. Legal?

3:Then there's my vacation situation. According to the company policies, if employed for two years you recieve two weeks paid vacation. I am in my third year and recieved one week cash and went on a one week trip. Two weeks after returning from my trip I was fired and on payday was denied the pay of my second week of vacation pay. Legal?

4:During my employment was refused drive time if I wasn't the driver of the vehicle . Legal?

5:During my employment was told that I had manditory meetings on my day off with out pay. Legal?

cyjeff
06-29-2007, 08:10 PM
Were you and exempt or nonexempt employee?

sonnylee
06-30-2007, 05:59 AM
I need information on these topics to help me figure out the lawful action to take.

cbg
06-30-2007, 06:42 AM
And we need to know if you are exempt or non-exempt before we can provide the information.

ScottB
06-30-2007, 11:22 AM
4:During my employment was refused drive time if I wasn't the driver of the vehicle . Legal?

If you were a non-exempt employee, you only have to be paid for travel as a passenger during your regular work hours (no matter what day of the week). As an exempt employee, you cannot be docked time for travel as a passenger.

If you are a non-exempt employee and a passenger outside your usual work hours, there is no pay for that time legally required.

5:During my employment was told that I had manditory meetings on my day off with out pay. Legal?

If you are a non-exempt employee, you must be paid for mandatory meetings. If you are an exempt employee, you can be required to attend the meeting without any extra pay.

sonnylee
06-30-2007, 05:48 PM
I was a non-exempt employee.We worked out of town, Monday through Thursday. Most of the time we would leave on Sunday afternoon.Leaving consist of meeting at a designted spot load all of our clothes and tools that are needed to do our job and survive during the week. then we have to drive or ride to the designated city to work.This ordeal was neccesary to be able to recieve a 40 hour week.If a forty hour week wasn't met we were deducted a days per-diem, even if it was only 15 minutes short.This hinders the ability to survive for the next week.
There was also the vacation pay question, that wasn't answered.

cbg
06-30-2007, 11:00 PM
The vacation question depends on how your company accrues vacation, but in most companies you would not have accrued the second week by mid-year so yes, legal.

sonnylee
07-01-2007, 12:38 PM
The vacation acrual is as follows;
After the first year 1 week
After the second year 2 weeks
After the third year 3 weeks
and the three weeks is the limit for the rest of employment.

Pattymd
07-01-2007, 01:49 PM
Not enough information, though. This could be interpreted several ways. One, you don't accrue any vacation until after the 1st year. Or two, you accrue vacation periodically (for example, monthly) beginning the first month of employment. Or three, vacation is granted annually, following the completion of a full year of employment (this is more uncommon).

We have no idea how your employer administered the policy. :(

cbg
07-02-2007, 06:33 AM
That's not the accrual. That's how much you get, total, per year.

Does it accrue monthly? Weekly? Per pay period? Few if any employees simply give it to you in a block on your anniversary date.

sonnylee
07-02-2007, 03:08 PM
No they just give to us in block on our anniversary date.

sonnylee
07-02-2007, 03:14 PM
I've noticed that there wasn't a comments on issue's 1, 2, 5. Are these questions that you are unable to answer?

cbg
07-02-2007, 03:37 PM
1.) Since you are a non-exempt employee, you only have to be paid for the hours you actually work. Legal.

2.) Any employee can legally be paid on an hourly basis with very few exceptions, all of which are for exempt employees. Since you were a non-exempt employee, you have no legal expectation of being paid on salary. Legal.

3.) Most likely legal but depends ENTIRELY on the EXACT way vacation is accrued.

4.) Already addressed - legal.

5.) Mandatory meetings - legal. Without pay - not legal.

Any more questions? :mad:

sonnylee
07-03-2007, 04:29 PM
The accrual rate is one week for every year you are employed with a maximum three weeks of vacation.I started my third year of employment in April of 2007. I received one week of vacation in cash and took an actual one week vacation in June. He knows that he owes it to me, he just thinks he can get away with out paying it. His excuse for not paying it is that I dont work there anymore. I am still intitled to the two weeks for the two years, I understand what you are saying if I was trying to get the third year vacaton

Pattymd
07-04-2007, 11:25 AM
So, if you think you are legally owed more, file a claim with the state Dept. of Labor and let them sort it out with the company and then you'll know whether they agree with you or with the company.

http://www.nclabor.com/wh/fact%20sheets/wagecomplaint.htm

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