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Boss changing my time and not giving me my time 1/2. Indiana

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  • Boss changing my time and not giving me my time 1/2. Indiana

    ?? I recently discoverd that my boss has altered my time and I have proof also, I have worked there 4 years and never recvd the time and a half that i worked over 40 hours just time. What can i do about this?

  • #2
    Would you let us know if you're an exempt or non-exempt employee, please. Thanks.
    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

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    • #3
      I'll just say that if you are nonexempt, you can file a claim for the unpaid overtime with the state DOL, but I don't think you can go back 4 years. 2 or 3 is normally the maximum.

      Now, I'm assuming that you are actually due overtime pay. There are some exceptions, even for nonexempt employees. What exactly do you do and what type of company/business do you do it for?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #4
        REPLY:I work for an attorney. I am a salary employee. I have 81 hours of comp time. which I never recvd the half. We have an office staff of 3 which I am the manager. He claims he has no money to give me a raise or pay anyone to help out in the office. I didn't ask for a raise. he is placing me on hourly now. CAN HE DO this?

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        • #5
          Originally posted by chevy02 View Post
          REPLY:I work for an attorney. I am a salary employee. I have 81 hours of comp time. which I never recvd the half. We have an office staff of 3 which I am the manager. He claims he has no money to give me a raise or pay anyone to help out in the office. I didn't ask for a raise. he is placing me on hourly now. CAN HE DO this?
          Were you EXEMPT or NONEXEMPT? It appers that you were exempt, and, therefore, not due overtime. What are your job responsibilities, as a manager?
          Please no private messages about your situation.

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          • #6
            To better understand my position you need to know some insite. Last year we has 4 workers one being the office manager because she was there 6 1/2 years, he fired her, that left 3, he appointed another girl office manager. She left b/c of "things not right in the office". That left myself and a mail room clerk. I am a legal secretary. Had to learn quick of what these 2 Paralegals people did. The clerk left shortly after. He had hired 2 other people and told me that I was to train and watch what they did to make sure they were doing it right. In the office to answer your question, I still do my legal secretary duties, I don't consider myself an "office manager". So therefore, I believe that I am non-exempt. He is an a collections attorney. Most of the work is preparing notice of claims, defaults, ect, and answering the phones.

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            • #7
              If anything, you would fall under the Administrative exemption.
              http://www.dol.gov/esa/regs/complian...nistrative.htm

              If you don't meet the criteria, then you are nonexempt AND comp time in lieu of overtime pay is not allowed for private employers.
              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
                Thanks, I have another question. He doesn't want to fire me b/c i would collect unemployment. He has changed rules in the office to not accomodate my schedule and he knows this. For 4 yrs I have had the same schedule and I am the highest paid employee there, so therefore he is trying make me quit, had his wife start an arguement with me. Can i leave the job for him making a hostile work environment and still collect umemployment? What good reasons would have to be to leave a job and collect? Thanks

                Comment


                • #9
                  Neither he nor his wife determine whether or not you get UI. But, nothing that you've described meets the legal definition of hostile work environment.
                  Please no private messages about your situation.

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                  • #10
                    Well, I recvd a phone call today, I was fired! It is wrongful term and i will be filing unemployment tomorrow. There are also OHSA issues in the office, ect. I have accumulated 81 hours of comp time which under the dept of labor I am do because i am non-exempt. Upon his request i sent the key with a letter stating that i am entitled to this and gave him the cites also. What if he refuses to pay b/c its alot of time, and remember what i stated b4, he has no money. Thanks

                    Comment


                    • #11
                      Originally posted by chevy02 View Post
                      Well, I recvd a phone call today, I was fired! It is wrongful term and i will be filing unemployment tomorrow. There are also OHSA issues in the office, ect. I have accumulated 81 hours of comp time which under the dept of labor I am do because i am non-exempt. Upon his request i sent the key with a letter stating that i am entitled to this and gave him the cites also. What if he refuses to pay b/c its alot of time, and remember what i stated b4, he has no money. Thanks
                      Then you contact the department of labor for your state. But, again, nothing that you've described is a wrongful termination.
                      Please no private messages about your situation.

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                      • #12
                        He stated that he couldn't afford my wages anymore. That is also discrimination correct? cant discriminate over wages.

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                        • #13
                          Originally posted by chevy02 View Post
                          He stated that he couldn't afford my wages anymore. That is also discrimination correct? cant discriminate over wages.
                          The great majority of discrimination is legal. If I can't afford my employee's pay anymore, then I have no choice but to let that person go. What am I supposed to do?
                          Please no private messages about your situation.

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                          • #14
                            Originally posted by chevy02 View Post
                            He stated that he couldn't afford my wages anymore. That is also discrimination correct? cant discriminate over wages.
                            No, it isn't, and of course they can.

                            Again, however, comp time is NOT allowed for private employers in lieu of cash overtime pay. You can, and should, file a claim with the state Dept. of Labor for ALL your unpaid overtime.

                            I do not see a wrongful termination here, based on the details in your posts.
                            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                            • #15
                              Patty, or anyone
                              I had contacted a former employee.
                              She is a paralegal, its not that i don't ? her statement to me, i just want to make sure that she is right,
                              ??This collection attorney is a solo attorney and has a lot of family members work for him. Friday before i was fired he stated to me that he wanted me to train his wife with some of my duties and wanted this done within a 2 wk period.He has his wife, daugther, and two sons in there that I trained in the past and then fired me and stated that he couldn't afford me. My friend stated that its nepotism. What is this exactly?

                              Comment

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