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jessicalynowl
10-02-2008, 06:14 PM
Saturday: Worked from 10am to 4pm - started getting sick

Sunday: Had to call out sick to work because I could not stand up, and was in pain from apparent endometriosis

Monday: Not scheduled to work, still sick

Tuesday: Scheduled to work, worked at store from 10:45am to 7:15pm

Wed: Scheduled to work, worked at store from 10:45am to 7:15pm

Thursday: Scheduled to work, went in to work at 10:45am. Laura and Cory (owners) came to the store at 3:30pm and told me we needed to talk. Had conversation on sales floor. Laura was telling me she knew I was going to quit and I replied "I am currently looking for a new job, but I'm not looking to screw you over, so when I find a new job I will put a notice in." I asked Laura if she was firing me and she responded "You quit," in which I responded "I did not quit, I never said I quit, I said I was looking for a new job", which is when Laura said "Well fine, we're drastically cutting your hours"
During said conversation I was crying because I was trying to tell Laura that talking about my personal/medical business to other employees is not appropriate, nor professional. In which turn, she started raising her voice at me. She then sent me home early, with no reason, which in turn made me lose 3 hours of scheduled time.
I sent bot Laura and Cory a text asking them to furnish me with my itemized time sheets so I could go over them, because I recently discovered I was not being compensated for overtime. I told them to please have them at the store tomorrow (Friday) for me for when I show up for my scheduled shift. I asked for a confirmation of the text, and as of 5:29pm on Thursday, I have still not received a response.



** I have always been a valued employee, and since I had heard they were talking about my medical issues, and just "talking ****" about me to other employees, I asked them that if they had a problem with me to please address me first, and not go around complaining to everyone about me.

I have everything documented, exactly what was said, and I am going to continue documenting it. I am scheduled to work tomorrow, and I am going in.

Questions:
Can they send me home for no reason, even if they are mad at me? Should I get paid for the hours I was planning on, and supposed to be working

When I show up to work, if they send me home for now reason, and if they continue to do so, are they technically firing me?? Can I get paid for these shifts that I am scheduled to work, and TRYING to work.

I was hired full time/5 days per week, boss threatened me by saying since I wasn't quitting then my hours were going to be drastically cut, can I get paid for full time because i'm TRYING to work full time

And what about this whole situation. They are retaliating against me because I am looking for another job by trying to make me say "I quit" so they don't have to pay me unemployment. Is there anything I can do for that?

Thanks, hope you cna help!

cbg
10-02-2008, 07:07 PM
Do not EVER tell an employer you are thinking of leaving unless you are prepared to have them take you at your word right that minute.

They are not trying to force you to quit. You already quit. You just didn't tell them yet what your last day will be. They are free to decide that for you.

You are entitled to be paid for the time you worked. You are not entitled to be paid for time you did not work. They may legally cut your hours; in fact, they may legally reduce them to nothing. After all, you already told them you were leaving.

Now, to your questions:

Can they send me home for no reason, even if they are mad at me? Yes. They can send you home for any reason, including that they are mad at you.

Should I get paid for the hours I was planning on, and supposed to be working No. Nothing in the law of your state says you have to be paid for any time other than what you actually worked.

When I show up to work, if they send me home for now reason, and if they continue to do so, are they technically firing me?? No. Technically you already quit. However, in these circumstances, you would probably get unemployment anyway since you did not give them a last day of work.

Can I get paid for these shifts that I am scheduled to work, and TRYING to work. No. Nothing in the law entitles you to be paid for time you did not work, even if you were initially scheduled for it, and even if you are willing to work it.

I was hired full time/5 days per week, boss threatened me by saying since I wasn't quitting then my hours were going to be drastically cut, can I get paid for full time because i'm TRYING to work full time Asked and answered. No. The answer will not change because you ask the question multiple times.

And what about this whole situation. They are retaliating against me because I am looking for another job by trying to make me say "I quit" so they don't have to pay me unemployment. Is there anything I can do for that? No. It is not illegal to "retaliate" against you for looking for another job.

Betty3
10-02-2008, 10:57 PM
I sent bot Laura and Cory a text asking them to furnish me with my itemized time sheets so I could go over them, because I recently discovered I was not being compensated for overtime.

If you have overtime pay due, put in a wage claim with the Texas Workforce Commission.

Pattymd
10-03-2008, 04:32 AM
Of course, I don't believe in Texas that the employer is required to provide the copies upon request.

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