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View Full Version : (NJ) is this really considered insubordination???? New Jersey


jennifer22780
02-18-2008, 11:25 PM
I work from home. I was doing database management until i went on & returned from maternity leave. Just before going on leave, i questioned my employer for unpaid wages- a check was cut incorrectly at the incorrect pay rate as well as numerous hours over 40 each week were being paid straight time. At that time, my boss became angry and basically told me that she does not pay OT, that my benefit is that i get to make my own hours and work from home. I let it go. However, months later, the relationship is still strained. I had to fight to even get a small part of my unpaid wages for incorrect pay rate. I was told I am confrontational and disrespectful. I returned from maternity and have been hassled ever since. I have basically offered to lick the floors clean and have been more than accomodating to my boss. we got into another heated disagreement on nonsense topics and I was once again told I was being confrontational and disrespectful , which I was not. My position was eliminated (actually, she gave it to her son but said it was eliminated) and she changed me to commission only outside sales. However month 1 was training and I was to be paid a set fee. During this time, she assigned me a "trainer" who took over. I asked my boss to discuss all details and she pawned me off on trainer, who told me i can work any hours as long as work gets done. I made myself avail 24/7 to trainer. 11pm weekdays, 8pm weekends , 8am I would put aside what i was doing if she called and said she needed me to work. Last week, my boss emailed me spur of the moment a project to be done that minute and asked if there was a conflict in doing it. I said yes, but could do it that evening. She got annoyed, sent snotty email about me letting her down and that i need to be available during all business hours. (first i was told this). I apologized and said we should problem solve going forward so that we dont waste time emailing back and forth and can get work done. next morning, i had an email stating i was fired for unrespectful work relationship and insubordination- refusing to do work when given. Is this going to be difficult for me to fight? Its utterly ridiculous, as I have worked ALL hours for very little pay and that was the first time I ever said there was a conflict. which brings me to #2-- she asked if there was a conflict. (mind you I had worked til 11pm the evening before-- I put in over 14 hours! AND i am NOT on a set schedule). What do I do now? i filed for unemp. but I have a phone interview coming up as they responded i may not be eligible as i may have been terminated for misconduct. WDYT???

Pattymd
02-19-2008, 04:20 AM
"Salaried" is merely a pay method. It's possible as a database manager (if I understand the duties correctly), you MAY have met the criteria for exempt status, which means your salary covers all hours worked in a workweek, no matter how few or how many.
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.pdf

However, the fact that you were being paid extra straight-time pay for "overtime" hours makes me think either you were exempt and this was a "gift", or they were paying you incorrectly.
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.pdf

You just need to tell the truth in the interview. UI is geared very strongly to the worker, and based on what you have posted, I would be very surprised if you were denied.

BTW, however, it sounds like you are well out of there.

jennifer22780
02-19-2008, 09:39 AM
i was 100% hourly, not salary at the time of OT hours worked. ((sigh)) this is such an added stress, but hopefully you are right and it will work out in my favor. if not, i can always file for all my unpaid wages....

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