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Am I okay to proceed with the DOL

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  • Am I okay to proceed with the DOL

    I put in my 2 weeks notice with my current employer on 2/8/06. I agreed to stay until the 2/28/06 to train my replacement. I decided not to stay with my current employer due to the tyrant behavior of the new General Manager. Two days after I put in my 2 weeks notice, I have an emotional breakdown in front of the GM. During the course of that day he constantly pressured me into going to one of my employees house to get information or material that she was accused of taking. I refused because I knew that it was invading a person's privacy. I called this employee 5 times, because of his request, and everytime she denied having anything. I explained to the GM that I could not provide what was not there. With my emotional breakdown, I was hyperventilating, gasping for air, the sides of my tongue were flipping up, I ended up biting on my tongue and I felt something shoot up on both sides of my neck towards my ears. I think the GM freaked out because he ended up going to the back of me while I was gasping for air, rubbing my back and telling me to take deep breaths. When I calmed down, he put me on involuntary vacation for the rest of the month. I went to the doctor on monday, because I was still feeling some anxiety from friday. I got a doctor's note saying that "Due to stress I am not to engage in any work related activities for the next three weeks". I typed a 5 page letter to the owner explaining the events to my dismissal on 2/10/06 and faxed it to him along with my doctor's note. I then proceeded to fax a reminder to the GM reminding him to pay me for PE: 2/15 and 2/28 for my vacation along with my doctor's note. I have not received my paycheck for PE: 2/15 yet. I was told by one of my employees that the GM was holding my paycheck because of files that I allegedly stole. I proceeded by writing a letter to the owner itemizing everything that I sent to him in the mail, that included my own notes taken on different projects, the company cell that I was authorized to hold until the end of my vacation and my portfolio. I also explained where everything was in my office and computer that I was working on prior to my dismissal. I ended with telling the owner in the letter that I was told that the GM was holding my paycheck due to files that I took home and that if it were true, then he falsely accused me and is illegally holding my paycheck. I also said that if I do not receive my paycheck by thursday, today, then I was going to seek legal assistance to remedy this problem. In the mail I also included copies of the 5 page letter that I faxed to the owner and the fax that I sent to the GM reminding him about my payroll. I sent everything priorty mail with a signature receipt. I want to make sure that I covered all basis before I proceed.

  • #2
    The employer was not required by law to pay you any more than for time you actually worked. Yes, they asked you to stay until 2/28 and you agreed. But then, apparently, you became unable to work the additional time. Your inability to work it does not require the employer to pay for time they asked you to work.

    Relative to vacation, the Hawaii website is rather vague on the subject, at least that I could find. Our state guru with the details should be along soon.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      According to my sources, only public employees have a guaranteed right to have unused vacation paid out.

      If there is time you ACTUALLY WORKED that was not paid, then you can file a complaint with the DOL. But your employer had no legal obligation to pay you for time you did not work.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.