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Employer not Paying According to Offer of Hire Texas

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  • Employer not Paying According to Offer of Hire Texas

    Short.

    I travel for work. The offer stated "Any travel onshore will be compensated at 12 hours per day (8 regular hours and 4 overtime hours)."

    The hours breakdown is in the offer.

    Actual pay is 12 regular hours per day traveled. Most cases this is not an issue because travel is in addition to or in place of a 40 hour week. However in the rare instance that I do not work 40 regular hours within a pay period in which I have traveled (this can be due to holidays or vacation/sick time), I am not paid OT for any hours short of the 40 hour mark.

    I brought this to my employers attention 3 times previous and they have corrected each time. The 4th and now 5th time, they state that my "offer letter is wrong, and they don't know where an 8 and 4 breakdown came from." They refuse to correct my wages, amounting to a mere $170 for the last two incidents combined.

    What is my course of action?

    Thanks for any of your help.

    ~K~

  • #2
    Only an attorney in your state can advise you as to whether or not your offer letter is a bona fide contract or not. States have different criteria for "contracts". What many people think are legal contracts in the employment arena, are not.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      And your employer has to right to change your pay going forward at any time. So even if they chose to correct the mistake this 4th and 5th time, they could immediately change the pay policy to exactly what they are paying and it would be totally legal.

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      • #4
        If my employer chooses to change my pay, do they have to provide me with any notification that this change has or will take place, or should I be even more concerned each week when I check my pay stub?

        Overall this bugs me because I work on million dollar systems all over the world and I do so solo. My company offers little to no support to anyone currently out on a job (this is exhibited repeatedly - A few of us that take pride in our work give out our personal #'s to techs and customers alike if they ever need assistance, thereby circumventing the pathetic tech support within the company walls) so I am expected to make huge decisions on the company's behalf, yet they are willing to wager my continued loyalty and quality work against NOT paying me a measly $170? Legally, I may not have any recourse, but this just seems asinine.

        I am currently on site in Singapore. I was sent to smooth things over with a customer who purchased 8 systems over 5 years. 2 years and 4 systems in, they are unhappy with our product and threatening to squash the remaining systems which would cost our company $8,000,000. I was sent on short notice due to my track record for making even the hottest customer happy, and my technical knowledge of the product. I feel like I should say to my boss(es) "My $170 for your $8,000,000."

        If I sabotaged my work I could be held responsible legally, no? But what if I just stopped caring and do a poor job? What if I stop calling on all those skills my company is banking on by sending me into this particular hornets nest? Customer is unhappy and cancels the contract.

        Hell, the more I sit here and think about all the ways they've screwed employees over, I figure it's only a matter of time before I get the axe. Maybe I'll make my stand based on $170 and let them deal with the $8million some other way.

        "A job is an involvement, not a commitment. Like a ham and egg breakfast, the chicken is merely involved, but the pig is committed."

        My stance is this: The old Atlas Shrugged oath: "I swear by my life and my love of it, that I will never live for the sake of another man, nor ask another man to live for mine." Compensate me fairly for my work and I'll give my best all day every day. But as soon as you take advantage of me, fairness goes out the window and I'll go with it. I am a man of principle, and I am able to produce in any endeavor.

        How do you explain to someone that something as simple as adhering to the terms that they themselves established, and I subsequently agreed to, will keep an asset like myself on their side?

        "$170 for $8,000,000"

        Seriously - this should be a no-brainer.

        Sorry for the wall of text, but thanks for letting me rant.

        ~K

        Comment


        • #5
          Keep in mind that if you follow your train of thought and decide that the $170 is worth being fired over, the company can provide that information to future employers.

          They could say "well John Smith started strong and we had high hopes for his advancement. Then he started slacking off and cost us a huge deal so we had to term him".

          How well will that go over with a new employer?

          Comment


          • #6
            I think you are far too hung up on the $170. I fully understand the type of work you are being called upon to do (not the exact system, of course). Taking at face value your statements indicating that you are the best at what you do being good at dealing with unhappy customers as well as really knowing the technical work, you should simply renegotiate your compensation package. You are bumping up against some policy issues on how they want to handle travel time. Give them that one, and negotiate for a higher rate of pay reflecting your value to the company.

            This is very doable (no matter what some may tell you) with the amounts of money that rest on your personal skill. It is your negotiating skills that can get it for you. I am disappointed to hear you even mention sabotage. Even thinking about that indicates a weakness in your negotiating skills. The "let them deal with the $8M some other way" shows the same thing. Basically, this says you are expecting them to jump up and do what you consider the right thing to do just because you are a valuable employee. You need to help them understand that you should be paid more without butting heads with management the way your post implies you are doing.

            Essentially, use some of those skills that you use to get along with unhappy customers, to get along better with your bosses.
            Last edited by Scott67; 06-10-2010, 10:36 AM.
            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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            • #7
              ***update***

              The issue above was the first of many that made me realize that my employer cares nothing for the welfare and contentment of the employees. In the two years that I have been with this company I have distinguished myself as the best employee they have working for them. After a recent trip that would have additional hours nicked due to the series of events detailed above, I decided it was time for me to take some action.

              I informed my boss in writing of my talents and the increase in my knowledge and proven worth to the company in the last 2 years. I further stated that it was time to review my terms of employment. The following day I put on my spiked collar, packed all my work uniforms, tool, and equipment into the luggage provided to me for work-related travel and headed into the office.

              During what turned out to be a four hour discussion, my boss told me I was taking a considerable risk. I corrected him and stated the following:

              "Make no mistake. I am taking no risks here. I have been calculating this move for months, ever since the first time [company] slighted my hours. I am prepared, at this point to be unemployed, as of a few minutes from now and that is fine with me. All of [company's] property is in my vehicle, and I can bring it in before I leave. [Company] treats all it's employees like dirt, failing to remember that the size and success of this company depends, in part, on the knowledge, pride, and work ethic of its employees.
              "To be fair, if I were running this company, and any one of my employees acted as I have acted in the last 24 hours, essentially demanding a raise, I would publicly terminate them on principal alone. Even my best employees would not tell me how I was to run my company. But if I were running this company, I would never let my best and most valuable employees become unhappy enough to consider making such demands in the first place. That is where this company has failed its employees."

              I was given a 20% raise effective immediately, a very lucrative bonus package, and back pay for all occurrences of hours not paid in the manner stated by both my Offer of Hire, and the company's publication of policies regarding employees traveling to perform service in the field.

              Comment


              • #8
                You're EXTREMELY lucky. I would have fired your, um, person. Your arrogance is amazing.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  Patty,

                  As I stated above, I would have fired me too. Understanding that fact alone is why I had all my ducks in a row before I initiated the discussion.

                  I truly was prepared to leave the company that day, and I believe that making my superiors understand that allowed them to see that I was truly unhappy, rather than just some punk on a power trip making demands.

                  I sat for four hours presenting intelligent, well formed arguments to all of their questions and rebuttals. I don't believe luck had anything to do with it.

                  Comment


                  • #10
                    Sometimes it works, sometimes it doesn't.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                    Comment


                    • #11
                      You sure took a chance but I'm glad it worked out for you.
                      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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