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Hopefully final question(s)

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  • Hopefully final question(s)

    I have posted a few times here in the past few weeks because of some issues I have been having at my work. I am consulting an attorney about harrasment, discrimination and retaliation issues, but I have a few questions about paying a terminated employee.

    I was terminated on Sunday night at 5pm. Owner A told me that my last day would be September 30th. He informed me I was being terminated for unsatisfatory job performance. Here is where it gets sticky.

    We have an agreement that I get paid a $100 in kind payment each week that has not happened. I do have both of the owners on tape agreeing that they agreed to pay me this so not having it written down is no issue (MN is a single party notification state for recording) but they are refusing to pay me my money.

    And lastly, as a small company, they did not have the knowledge/ability to create policies which they left to me to do. We hired 2 new managers last week and after one of the owners approved our days off/vacation policy, I started the two new managers with that policy in the employees files and explained it to them. This policy states that we get .883 days of vacation per month of employement and 1/2 day per month of personal time.

    My question is: Is that considered retroactive? In retrospect, I should have included that verbage when I wrote the policy, but I consider it retrospective since the two owners (lets clear something up though, they are not in fact owners, simply salaried managers with that as thier title, one of the "owners" brothers is the owner- including on the state LLC incorporation documents) have taken a weeks vacation time before we had a policy in place and where fully paid for it.

    Do they need to pay me the back pay for the in kind agreement? Do they need to pay me based on our now established policy?

    Also, lastly, they are refusing to pay me the in kind back pay unless I sign an extremely exaustive non-compete, non sue, non associate with any vendors we use agreement. I do have them on tape admiting that, is that wrong?

    Is my best recourse filing an unpaid wage claim with the state?
    Last edited by asbestos; 10-04-2005, 03:46 AM.

  • #2
    What type of "in-kind" payment are you talking about? I don't know if that would rise to the level of a contractual obligation or not. Perhaps someone else here can answer that, or you may need the advice of an attorney. As well as for the noncompete, as such laws tend to be state-and-case specific.

    Regarding time off, if the policy did not specify that it would be retroactive to the beginning of the employment of current employees or some past fixed date, you probably have no legal right to retroactive accruals.
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    • #3
      Bummer. Oh well in regards to the retroactiveness of our policy.

      Hopefully I can get some advice on the in kind deal.

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