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ShortyD
12-26-2005, 04:50 AM
I am from Michigan. And I was just let go last week from my job as Bowling alley manager. Before i ask my few questions let me first explain the situation. Two weeks ago saturday i over slept for work by 5 hrs. I still made it to work, was just a little late. I am on salary paid biweekly. So the lady who runs the kid league that i missed called the owner of the business. So i was called in to talk to the General Manager on thursday night. I was told i was being suspended for the weekend. For sleeping in, For the lady calling and complaining. And because we had another lady call who over heard me and the bar manager talking in private, who took what i said out of context and complained about it. So i agreed to take the weekend off. I come in on Sunday to pick up my check and i noticed i was docked for the 5hrs i overslept on saturday, As well as being docked $50 for missing the plumber on friday. Which i was at work the friday the plumber was suppose to be there. But I was doing what the General Manager told me to do up on the roof of the bowling center breaking the ice off. The plumber apparently charged the owner an extra $50 for the 2nd trip. Because he must not of seen me up there.

So i goto work on monday. I was then told the owner now after my weekend of being suspended. He wants to fire me. The General Manager told me to wait and call him on tuesday to see if maybe he could talk him into keeping me. Now I was also informed by the general manager the main reason i was being fired was he had messed up and told the owner i has been approached by a company to work for them. So i called tuesday and he fired. The other job had already fell thru for the time being.

So my questions are 1 was it legal for them to dock my paycheck for oversleeping even though i am on salary and without those 5 hrs i was still over 80hrs for the two week pay period? As well as was it legal for them to push their bill for the extra $50 because i missed the plumber doing what i was told to by my boss?

And last but not least since the general manager told me the main reason why i was fired. Is there anything i can or should do about that? Because its not right. They are now i do believe trying to fight my unemployment saying i had poor attendence when that was the first and only time i was late. As well as almost every other employee is late at least once or twice a week.
By the way i am in Michigan
thanks
T.J.

cbg
12-26-2005, 09:55 AM
As far as the wage issue is concerned, salaried is only a pay method. What matters is whether you were exempt or non-exempt. That is determined by your job duties, not your job title or how you are paid. This link will help you determine if you are exempt or non-exempt:

http://www.dol.gov/esa/regs/compliance/whd/hrg.htm

If you are exempt, you MUST be paid in full for every day in which you worked at all, subject to certain exceptions which do not apply here. It is also unlikely that you can be suspended without pay for the reason you cite. They may, however, in either sitution, require you to use vacation, sick or personal time to cover the time you were not at work.

If you are non-exempt, then there are no circumstances in which you have to be paid for time you did not work.

Regardless of whether you are exempt or non-exempt, there is nothing you can do about being fired. There is nothing illegal about firing someone who is five hours late to work because they overslept. They are entitled to contest unemployment; it will be up to the state whether to grant it or not.

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