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Management question in Louisiana Louisiana

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  • Management question in Louisiana Louisiana

    My wife is currently employed as a VP of a small, private owned business. Obviously, times are tough, so her boss advised her in an email that he wants her to revise her pay to a specific rate. He did this on the last day of the pay period, and expects her to take that rate on her coming check. I believe this is illegal. Also, he has been a total a$$hole to her lately, which started when she requested vacation time (she gets 3 weeks, this was the first week). He said no, but would not give her a reason. She took it anyway, because she gets 3 per year, and only ever takes 1 because he always complains when she requests to take vacation. She will be quitting tomorrow. Is he responsible to pay her for the remaining 2 weeks of vacation she has, and does he have to pay her at her original rate of pay, or the revised? Also, as a VP and stock holder, is there anything she has to do outside of the regular hourly employee before or after resigning?

  • #2
    Originally posted by rugman1969 View Post
    My wife is currently employed as a VP of a small, private owned business. Obviously, times are tough, so her boss advised her in an email that he wants her to revise her pay to a specific rate. He did this on the last day of the pay period, and expects her to take that rate on her coming check. I believe this is illegal. Also, he has been a total a$$hole to her lately, which started when she requested vacation time (she gets 3 weeks, this was the first week). He said no, but would not give her a reason. She took it anyway, because she gets 3 per year, and only ever takes 1 because he always complains when she requests to take vacation. She will be quitting tomorrow. Is he responsible to pay her for the remaining 2 weeks of vacation she has, and does he have to pay her at her original rate of pay, or the revised? Also, as a VP and stock holder, is there anything she has to do outside of the regular hourly employee before or after resigning?
    Unless someone can correct me, unless there is a contract saying different I think he can revise her pay scale. And his attitude is not illegal, though it's not the way to keep employees. As for the vacations, are those paid or unpaid? Ideally I would think that if she has paid vacation time saved up, take them and look for a job while on vacation. I don't know if your state requires her employer to pay for the paid leave she accumulated.

    Hang on for a bit, and I'm sure we can get someone more educated in this that I am to give you feedback.
    I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
    Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
    I also may not have been either sane or sober when I wrote it down.
    Don't worry, be happy.

    http://www.rcfp.org/taping/index.html is a good resource!

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    • #3
      Absent a contract that specifically states he cannot ever change her pay, or cannot change her pay without a minimum of X notice, then your wife's boss can change her pay anytime he wants, as long as he doesn't change the pay for time she's already worked (in other words, he can change her pay for next week but he can't change her pay for last week), and as long as the change doesn't mean her pay will go below minimum wage.

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      • #4
        Originally posted by eerelations View Post
        Absent a contract that specifically states he cannot ever change her pay, or cannot change her pay without a minimum of X notice, then your wife's boss can change her pay anytime he wants, as long as he doesn't change the pay for time she's already worked (in other words, he can change her pay for next week but he can't change her pay for last week), and as long as the change doesn't mean her pay will go below minimum wage.
        It is state specific on whether or not notice has to be given for pay change. Some states don't require the employee to be told, some states require advance notice and some allow it as of the date told (so told 1/18 about the change and it is effective 1/18).

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        • #5
          Louisiana -


          An employer must inform employees prior to making a change to the wages they will be
          paid, the method in which they will be paid and the frequency of payment. Louisiana Stat.
          23:633
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            Originally posted by Betty3 View Post
            Louisiana -


            An employer must inform employees prior to making a change to the wages they will be
            paid, the method in which they will be paid and the frequency of payment. Louisiana Stat.
            23:633
            So OP, your wife's employer hasn't broken any laws.

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            • #7
              I found this online regarding vacaton pay:

              In Louisiana, employers are not required to provide employees with vacation benefits,
              either paid or unpaid. If an employer chooses to provide such benefits, it must comply with
              the terms of its established policy or employment contract.

              An employer cannot refuse to pay accrued or earned vacation to employees upon
              separation from employment merely because they were terminated, regardless of the
              reason. See Beard v. Summit Institute of Pulmonary Medicine, 707 So.2d 1233 (La. Sup.
              Ct. 1998).

              Accrued or earned vacation must be paid to an employee upon separation from
              employment if the company policy or employment contract is silent on the matter. See
              Beard v. Summit Institute of Pulmonary Medicine, 707 So.2d 1233 (La. Sup. Ct. 1998).

              Louisiana courts are split regarding whether an employer can refuse to pay an employee
              accrued or earned vacation upon separation from employment if the employee fails to
              comply with certain conditions, such as giving two weeks notice. See e.g., Beard v. Summit
              Institute of Pulmonary Medicine, 707 So.2d 1233 (La. Sup. Ct. 1998) (Supreme Court
              refused to explicitly state any restriction on payment of wages upon separation from
              employment was unlawful, but cited favorably to those cases that do); Lee v. Katz and
              Bestoff, Inc., 479 So.2d 459 (La. App. 1st Cir. 1985) (employer cannot place restrictions on
              employees to receive payment for accrued vacation). Contra., e.g., Huddleston v. Dillard
              Department Store, 638 So.2d 383 (La. App. 5th Cir. 1994) and Landry v. Pauliís, Inc., 496
              So.2d 431 (La. App. 5th Cir. 1986) (employers can place restrictions on employees when
              paying out accrued vacation upon separation from employment).
              I am not able to respond to private messages. Thanks!

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