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Employed for 9 consecutive months, employer starting 90 day probationary period over Montana

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  • Employed for 9 consecutive months, employer starting 90 day probationary period over Montana

    I will start by thanking all of you that helped with previous issue.

    Here is the latest, my friends general manager informed them yesterday that both of them will be starting their 90 day probationary periods over again this coming Monday. Friend one has been there for 18 consecutive months, friend two has been there for 9 consecutive months. How on earth can they be forced to start their probationary periods over again. Their wage has already been reduced to $4.00 per hour and their shifts cut to nothing?

    All input will be greatly appreciated as usual.

    Your Time Is Valued!
    Zoee

  • #2
    Their wage has already been reduced to $4.00 per hour and their shifts cut to nothing?
    How has their hourly wage been reduced to below minimum wage?
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

    Comment


    • #3
      This could be way too long to explain, you will find another post by myself, I can't think of the exact title, something like Wongful termination in Montana. If you were to read that post you would find the answer to atleast the $4.00 per hour situation.

      Thank you for your time
      Zoee

      Comment


      • #4
        Mommyof4, it has something to do with the indentured servant something or other. I have yet to get a straight answer or a link to read up on it. The link to the thread that Zoe explains it at is here:

        http://www.laborlawtalk.com/showthre...=177331&page=2


        By the way Zoe I have yet to frequent that fast food junk joint since you posted what you did. In fact my blood pressure shoots up about 50 points every time I pass that ugly clown thingy. I guess in all fairness it really isn't the corprattion as a whole and may be isolated to just that one "house" in Montana. None the less it really hacks me OFF.
        Last edited by BnThrDnTht; 08-04-2007, 11:27 AM.

        Comment


        • #5
          Originally posted by BnThrDnTht View Post
          Mommyof4, it has something to do with the indentured servant something or other. I have yet to get a straight answer or a link to read up o it. The link to the thread that Zoe explains it at is here:

          http://www.laborlawtalk.com/showthre...=177331&page=2


          By the way Zoe I have yet to frequent that fast food junk joint since you posted what you did. In fact my blood pressure shoots up about 50 points every time I pass that ugly clown thingy. I guess in all fairness it really isn't the corprattion as a whole and may be isolated to just that one "house" in Montana. None the less it really hacks me OFF.
          Thank you. I think I'll just sit back and watch.
          HOOK 'EM HORNS!!!
          How do you catch a very rare rabbit?
          (unique up on him)
          How do catch an ordinary rabbit?
          (same way)

          Comment


          • #6
            Calm down, one step at a time. Now that I am unemployed I have time to help people see a brighter light. Mailed off my 6th (DOL) claim for back wages today for individuals and have rounded up another 5 persons to help. Its long and tedious some people have great records some don't. Out beating the streets 5 days a week to get another job and burning the midnight oils to set this right. I love a challenge!

            Comment


            • #7
              Originally posted by Zoee1957 View Post
              Calm down, one step at a time. Now that I am unemployed I have time to help people see a brighter light. Mailed off my 6th (DOL) claim for back wages today for individuals and have rounded up another 5 persons to help. Its long and tedious some people have great records some don't. Out beating the streets 5 days a week to get another job and burning the midnight oils to set this right. I love a challenge!
              It is nice of you to help these people. How many people were not paid their wages? Have any of the DOL claims been excepted? I am walking in on this at the end, as you can tell.

              Comment


              • #8
                Zoey, in most states, there can be more than one reason for a probationary period. It does not HAVE to be the initial months of employment. However, if not the initial months of employment it generally reflects an issue of either misconduct or poor performance.

                Since Montana is the only state where the probationary period actually has a statutory legal basis, you might be better off running your question past your state DOL.
                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.

                Comment


                • #9
                  Thank you for replying, unfortunately I did talk to a gentleman at the Montana DOL yesterday and he informed me that he didn't "think" that was legal to start the probationary period over, but that the Montana DOL doesn't handle those matters. He suggested that it would be necessary to contact a private attorney. I have about had it with the Montana Dept of Labor and will be contacting the federal DOL on Monday morning. Not many persons read the Montana Standard but there is another case of non payment of wages that has been in the headlines all week. The persons that talked with the Montana Standard on Tuesday were in fact fired.

                  When a current employee of the business we are discussing contacted the DOL yesterday, she was told that it was fairly likely that she is going to be fired for filing her claim with the DOL. The employer did provide her with a check yesterday for what they deemed was the necessary back pay. It amounted to around $1100.00 minus taxes. When I prepared the filing, her back pay added to over $10,000.00. The DOL will continue findings on her behalf, but its about 99% certain that her job will end soon. Last pay period alone her paycheck was $270.00 short and she has been their 9 months the $1100.00 was a "shut" her up token.

                  To me its insane that none of us are protected by law. I graduated in 1977 with my accounting degree, sat for and received my CPA in 1978, graduated with my MBA in 1984. "Stopped off to have triplets in 1981 . " I was always taught that it was the fiduciary responsibility of the business and/or its agent to be certain that they met or exceeded their payroll responsibilities. The fact that there are not laws protecting people disgusts me. It may be a little late to start a new career but I am tired of being an accountant, money has always seemed dirty to me. This month I will be returning to the university and will pursue a career in architecture.

                  There are some days lately that I find it hard to believe that I am actually back in America. But then, maybe Montana isn't part of the USA. When Montana is out there soliciting for new business' to come here they ought to sell them on the fact that slavery is still acceptable and that the DOL is always on the side of the business owner.

                  When I went to work for the business that we are discussing, my primary mission was to find out what the heck they were doing to my friends that worked there. When I questioned the manager with regards to what I "thought" was Montana's minimum wage $6.15 per hour, I was told that I was actually receiving $6.62 per hour for my "paid" hours and that by law the other 8 hours of my shift were "sleep time" and I didn't have to be paid for them. Had she been honest and told me that the minimum wage was $4.00 per hour, which they still weren't paying correctly I would have told her to shove it. This person was told by the DOL in early July that she was doing the payroll incorrectly and continued to do so, you would think that the DOL would step in and make her fix it, but "NO" they didn't. In talking with a person from DOL yesterday, I asked him why the business had not corrected their payroll procedures, the gentlemans only response was that he had to admit that they have payroll "problems".

                  As I stated earlier, I have had it with the Montana DOL and will contact the federal DOL on Monday. People that work 80 hours a week for $265.00 can't afford attorneys and they know it.

                  For some "stupid" reason I was under the impression that people were protected by laws if they reported an employer for improper payment of wages, now how dumb am I?

                  Comment


                  • #10
                    There is nothing under the Federal DOL that will prohibit changing, extending, or re-starting a probationary period, that I can promise you. If you're dissatisfied with the answers you're getting from the MT DOL (and I can't say I'd blame you), you'll be better off going the attorney route.
                    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.

                    Comment


                    • #11
                      Zoe just curious mind you but, are you contacting the DOL in your city's local office? Is it a relatively big or even the capitol city? If you have not contacted DOL in say one of the more major or preferably the capitol city it might not hurt to do so.

                      Sometimes state offices in the area of out laying communities kind of "miss the boat" where training is concerned. Is there any chance that the person you are speaking with at the DOL just simply does not know the rules himself nor how to apply them? If you have not already contacted the DOL in a Major city it might be worth your time to do so.

                      Another curious inquiry. Are these employees being retaliated against for any other issues that might be protected by the "whistle blowers act"? Seems to be a shame that it is legal to retaliate for filing a wage claim when the money is rightfully owed. This should have some sort of protection status like many other things do. I expect so long as many don't "take a stand" against things like this we can only expect more of the same.
                      Last edited by BnThrDnTht; 08-04-2007, 11:44 AM.

                      Comment


                      • #12
                        BTDT makes a good point about contacting the state DOL in the capitol city.

                        The thing is, Federal law does not address the issue of probationary periods at all. So the US DOL is not going to be able to help you. This is a state law issue and has to be dealt with on a state level basis. That means either an attorney in your state, or the state DOL. It simply is not a US DOL issue.

                        Now, the wage claims, THAT is something the US DOL may be able to help with.
                        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.

                        Comment


                        • #13
                          Wow!

                          I just can't believe all the business criminality I'm seeing on this web site and virtually no help or hope for the worker bees. I'm new to this site and don't want to get banned but I must admit that my own experiences with both state and federal agencies leaves me feeling empty and dejected. Zoee, you have nothing to lose by contacting the department of labor, but you shouldn't expect help. I've never gotten them to do a thing even when I cited the law on the books which they are supposedly responsible for enforcing. Just a bunch of lazy worthless government stooges as far as I can see. Perfect example of why our nation is going down the tubes. Just outrageous, simply outrageous. Well if you get terminally ill with something, consider doing all the rest of us a favor and take a couple of these jerks with you and drop them off where they belong. Just have to say that with this kind of complete inactivity by our so called agencies charged with protecting our wages and labor laws, then, revolution cannot but fail to happen.

                          Comment


                          • #14
                            Balsaboy, you might want to take note of the fact that this thread is a year and a half old and the OP is long gone.
                            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.

                            Comment

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