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Morph
02-06-2006, 01:31 PM
Hi from CA,

My wife became pregnant and my boss was ready to help and be considerate.
He suggested I become salary so I dont have to worry about my paycheck while things get crazy around his birth. He gave me 2 weeks vacation starting on the first of the year despite company policy stating it accrues over one year. This was June and My son was going to be born late Jan. (PTO was given 6 months early on the first of the year)

I never got this in writing however it was reflected on my pay stubs. (available PTO etc...)

My son was born and I took 54 hours off. I had 64 availablee according to my paystub. He explained to me that the accounting program had an error in it and that I had no vacation. I argued the point. I work from home and I got a call one night at 10:30 pm. He decided to pay me for the time, but fired me.

He said I had a threatening manor. I never threatened him other than telling him I didnt think he could get away with this. I would never have taken the time off if I knew it was unpaid.

I was a great employee, recieved a 6 dollar an hour raise just 6 moinths prior to this. I just feel wronged and Im not sure there is anything I can do about this. With a new baby and no job he has put me, unexpectedly, in a terrible position.

What should I do?

ldyton
02-06-2006, 03:58 PM
First, on what grounds did your employer have to make you "salaried"
(I assume by salaried, you mean overtime exempt)
An employer can not arbitrarily exempt an employee, the employee must meet the duties test for the exempt classification.

Second,does your employer fall under fmla? (50 or more employees w/i 75 mile radius) and, have you been employed there for 12 mos, w/ 1250 hours worked?
Also, Ca has paid family leave. (I don't know all of the provisions for pfl)
Point being you may have been eligible for protected leave.
(Still does not mean you cant be fired, but cant be fired for taking leave)

As to your pto time, Ca says that it can not be forfeit.
If you can prove via paystubs that it was yours to use, then you can use it.

The reson for termination was that you were "threatening"?

Pattymd
02-06-2006, 05:53 PM
I'm not convinced that just because your paystub shows a certain number of vacation hours, that means they are available to use. It does appear that your employer allowed you to "go negative" for vacation and that is not the policy. California law does state that vacation advanced cannot be recovered from final pay, however.

Morph
02-06-2006, 06:01 PM
I had to look up what an exempt duties test was, I had no idea...

"Professional: performs original and creative work or work requiring advanced knowledge normally acquired through a prolonged course of specialized academic study; a professional exempt employee's work cannot be standardized with respect to time."

I had only been in the business for less than a year at that point...architectural design. I have zero college training. Im good, just no degree....I had 2 employees I "led".

He does not fall under FMLA.

I can get PFL.

As for paystubs, I have the proof. He changed the amount of PTO for my final checks to -40 hours...Can he do that, just change things like that at will?

You say "you can use it" but use it to do what? What sort of action, if any, would be appropriate? Im not looking to get rich, I just dont want this guy getting away with murder!

I was trying to keep it short at first but here are some facts left out that explain the situation but probably wouldnt have any legal meaning:
-----------------------------------------------------------
Im a computer guru in his eyes. He thinks I can do anything just because I set him up an FTP server and was his IT guy. I really had a large roll in the office and I think when I started to challenge him it scared him.
Some computers down at the office had messaging programs and they signed in one night. He freaked out and called everyone accusing them of being in the office.(including me)
Then later the server crashed that we worked off about the time we were going around and around about this pay stuff. He took my server rights away so I couldnt work. Cut my email off as well. He wouldnt return my calls and then called me up 2 days later and told me I was let go for my threatening manor and hung up. WHAT MANOR?! His server crashes and he takes it as me threatening him?!
I think this guy had a paranoid "episode" and now I have to pay for it.

Should I mention the time he fired me for beating him at Call fo Duty (a video game) until he calmed down and realized he was a nutjob.

Morph
02-06-2006, 06:11 PM
I'm not convinced that just because your paystub shows a certain number of vacation hours, that means they are available to use.

It says "YTD used - # / Available - #"

Im not sure if how it is worded on a pay stub changes the availability of it but I didnt see it any other way before I left. I do realize I do not have a signed PTO request due to the impromtu nature of child birth. I had his reassurance over the phone and in email to relax and get some sleep.

All was well until timecard time.

Pattymd
02-06-2006, 06:33 PM
You can always contact the DLSE to see if you have a claim.

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