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Do i have a case against this GA bank?

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  • Do i have a case against this GA bank?

    Sorry this may be a little long winded but i will try to be to the point. Thanks for any help.

    I have been working at a bank in Georgia for the past 3 years. When i was hired I was presented a salary figure offer. After about one year the company went to an electronic program for non-exempt employees to clock in and clock out. This is my first "real" job after college so i wasn't sure what exempt and non-exempt meant. The nature of our work is very seasonal. In banking we are very busy at the end of the year and up through April 15th. Many weeks i would work more than 40 hours during this time and would clock out at 40 hours since the company and managers said NO OVERTIME. I, coming out of college wanted to make a good impression so i would come in early, leave late, and would even work weekends and holidays to get work done. All of which i was not clocked in, in order to NOT make overtime. Many weeks i got to 40 hours by Friday morning, would clock out at 40 and would continue to work until 6 or 7 o'clock that night. On the flip side, during the slow summer season we sometimes wouldnt be so busy so my manager would bump me up to 40 hours if I only had 37 hours of work ,for example, to make sure my paycheck was consistent with my salary.

    About a year ago my manager went to another bank and i had a new manager come in. She was totally on board with the system that the department used in regards to our hours.

    About two months ago, one of my managers peers became our new demartment manager. And low and behold she doesn't like my manager. About two weeks ago we were fired for "intentionally falsifying company records". The new department manager didn't pull records for any of the other managers and their assistants time records. My manager was targeted for superficial reasons and i was collateral damage, at least that's how i see it.

    The problem is that they can only see when she was editing my timesheet. They cant see when i was working Saturdays and Holidays. Not to mention they only pulled records back to mid April....which whould be all of our slow season. The department manager knows that i work more than any other of the assistants in the department and wouldn't have dared to pull time sheets from the end of the year or tax season that would have proved my point.

    Now they are refusing Cobra subsidy and denying unemployment for me saying it was "gross misconduct". They are saying it is the same as stealing when all i was doing was getting the salary i was offered. I never made overtime or tried to get anything additional to my salary and got bit for it.

    I have only been out of school for a few years and dont really have the money for attorneys but i really feel like i am getting a raw deal in this situation. Any advice? I was thinking of filing a complaint with the EEOC but like i said, i dont have any proof that i was working those weekends and holidays. Its just my word against theirs. Any help or ideas would are appreciated.

  • #2
    First of all, what exactly did you do there?

    Second, the employer can't approve or deny UI benefits. It sounds like they protested your claim and you were initially denied. Have you appealed?

    Third, I'm not sure what the process, if any, is for appealing the COBRA subsidy determination. Betty3, cbg?
    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
      Originally posted by Pattymd View Post
      First of all, what exactly did you do there?

      Second, the employer can't approve or deny UI benefits. It sounds like they protested your claim and you were initially denied. Have you appealed?

      Third, I'm not sure what the process, if any, is for appealing the COBRA subsidy determination. Betty3, cbg?
      Thanks.

      I worked with high net worth clients. Opening/closing accounts, speaking with clients...etc. I was an assistant to a relationiship manager in the department.

      Right, they are contesting and someone from the department of labor called me today and it sounded like whatever they(employer) told her(DOL) was the gospel and she is taking there word. So I havent heard for sure if it was denied yet. I will appeal if they do so.

      Thanks
      Last edited by *niceguy*; 08-07-2009, 10:49 AM.

      Comment


      • #4
        Unless you met the criteria for the Administrative exempt classification (and I'm doubting that, unless you had the authority to use "independent judgment and discretion is matters of signifigance"), you were nonexempt (irrespective of "salaried" or "hourly", which are merely pay methods) and would have had to have been paid for all hours worked, period.
        http://www.dol.gov/esa/whd/regs/comp...nistrative.htm
        http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.13.htm

        Generally speaking, when you file a claim for unpaid wages with the federal DOL (and it would have to be federal, since Georgia has no wage and hour laws of its own, nor its own Dept. of Labor to speak of), the employer has to show that you did NOT work the hours you claim. When you file the claim, give your best estimate of the hours; don't over- or underestimate, just make your best guess.

        And if you have any similarly situated friends still there, tell them (off the record) to keep meticulous records of their own as to hours worked, not using company time or equipment, but at home. A paper notebook or electronic spreadsheet would be fine.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Sorry, I can't help with the COBRA subsidy appeal. It's only existed for a few months and my employer for all of that time uses a third party administrator for COBRA, so I'm currently clueless. Betty? Elle? Mlane? Ruth?
          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.

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          • #6
            Here is how you begin the appeal for the denial:

            http://www.dol.gov/ebsa/COBRA/main.html

            Comment


            • #7
              thanks for the help everyone. This gives me some ideas.

              I wish i had kept my own records of dates that i had come in and worked weekends and overtime

              Comment


              • #8
                Sorry I wasn't able to get to this thread earlier. However, it seems Rangeman took care of answering how to handle a COBRA subsidy denial appeal.
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                Comment

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