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Would he win in court? Pennsylvania

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  • Would he win in court? Pennsylvania

    My husband (who I wrote about in another post) works for a cable contracting company. In the past two months he was forced to work in another area, due to the area he had been in for years, work dried up. After a one week lay off they moved him to the other side of the city. He is now leaving at 5:30 am and returning home at 8 OR 9 pm, 6 days a week. He gets no extra money for working more hours because he is paid per job. When they hired him they hired him with free benifits, right after the layoff they informed him that we would now be have to partially pay for our benefits. His work hours have increased and his paycheck has decreased. He is not able to interview for other jobs because they are required to request days off one month in advance. There is no such thing as a sick day (yes, they have gone into people's homes and excused themselves and they went and threw up in their trucks, nice huh) If he tells his boss that he will not work in this area and his boss fires him, would he have any chance of winning a unemployment appeal. What do you all think?

  • #2
    Generally you don't get UI benefits if you turn down offered work & quit.
    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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    • #3
      Thank you Betty, I was afraid of that. I so hate that his company can do this and get away with it. No one should be forced to take a paycut every year and work 70+ hours a week just to keep a job. Somehow I am going to help my hubby get a job with a company that deserves his unbelievable work ethic, not one that exploits it! Thanks again

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      • #4
        You may try filing a claim with the DOL, or with the State while your hubby is still employed. I know in Arizona they are working through a backlog of 6 to 8 months.

        Otherwise, if you can afford it, I know, I know that is unlikely, I would recommend your husband leave the employment of this company and seek employment elsewhere.

        This is truly a tough situation and it appears the employer is taking advantage of their employees. How does your hubby feel about all of this?
        Last edited by CatBert; 02-27-2010, 01:17 PM. Reason: My eek went in the wrong place.
        Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

        I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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        • #5
          You and he should sit down and estimate all hours worked, by day or week, since he has worked for this company. And, from now on, keep a daily record of hours worked. When he leaves the employ of this company he can file a labor claim for overtime. He can be paid "per job" but only if that is more than he would have received being paid minimum wage plus overtime for actual hours worked. Since we don't know what he is paid per job and how that relates to his weekly income, we can't tell.

          He can file a claim while still employed, but you should assess whether you are willing to risk termination and being without any income waiting for the case to be resolved.

          He should also find a way to apply for another job. It is good that you are willing to help. Companies do understand that people looking to change jobs may not have flexibility for interviewing days or times. "Six days a week" says Sundays (or whatever the seventh day is) are available. I'd recommend making a list of companies who need his type of skills. Contact them via email (preferably) or snail mail with a resume and a cover letter. Many probably have a web site that you can apply on. Apply for a specific job if one is advertised that fits; otherwise contact them anyway. State in the cover letter that he is very interested in joining their company and that due to the demanding schedule of his current job he could only interview on Sunday afternoons. Some bright person in HR in one of those companies will identify that this is a hard working person that they at least need to talk to.
          Last edited by Scott67; 02-27-2010, 02:58 PM.
          Please post questions on the forum rather than sending me a private message or email. That way others who have similar issues have access to the discussion.

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          • #6
            We have thought about just telling his boss that he is not willing to work in the area they have put him in. Kinda just let the chips fall where they may. If they wanted to lay him off, he would deal with that until the area he has been in for four years opens back up, well if not, go ahead and fire him. My husband is just not the type to walk out of a job like that, but this is a bit out of hand. I completely understand about the minimum wage thing but if a company was paying 12.00 an hour they could not say well we are only going to pay you minimum wage this week + overtime, it's not exactly the same but it is very close. My husband is a good, albeit quiet, man. I hate to see him taken advantage of. I feel better knowing that he is smart enough to know that what they are doing may be legal, but it's not a way to have happy employees. Some of the guys are not or they don't know any better. It's awful companies can act like that. Thank you all for being so kind to me

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            • #7
              We've already addressed what the law requires in the OP's other thread; to reiterate, as long as minimum wage is being paid for all hours up to 40 and 1.5 MW is paid for all hours over 40 in a workweek, the wage and hour law is not being violated.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                Your husband sounds like an "independent contractor" so he may not be eligible for unemployment regardless of the other circumstances.
                Bob Bollinger, Attorney
                Board Certified Specialist in NC Workers' Compensation Law
                Charlotte, NC

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                • #9
                  That was asked in other thread & OP said he wasn't. (That's what she said anyway.)

                  http://www.laborlawtalk.com/showthread.php?t=255235
                  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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