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Is this legal if not what should I do? Oregon

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  • Is this legal if not what should I do? Oregon

    hello
    pardon my English I am American citizen but not born here so my English is not too good.
    I am 39 years old.

    I am working at privately own hamburger place. This person called me saveral times before asking me to come work for her and I din't because I had a good job anyway when I agreed to work for her she promiss manager position after 6 month and I will get paid on salery so I agreed to work for her.
    By the way I quit my good paying job to come work for her because she promiss things.

    when the owner hired me ( I known her for years but never close) she promiss 30 hours per week and working toward to management thing. than week later she changed her mind because someone who she knows wanted to work for her so she hired that person and gave most of my hours to her and told her she will be manager later and now I get only 12 hours a week now on top of that, my schedule hours is tuesday and wednesday 7:30 to 2 pm but when my first draw came the owner call me and yelling at me saying my time card is writen wrong and I say no it isn't and she say that store opens at 8am and you writen down at 7:30 am that is wrong and you need to fix that to 8am
    than I reply that you told me to start at 7:30am thats when I start working.

    She say than before store opens, I have to come in and prepare sauces and stock up stuff, make cofee, wash towels and some dishes before 8am and that is your duty and required but do it your own time and there for you are not get paid and everyone does it here or you can't work here if I don't agreed.

    Now it has been 4 months and I am still working here because I need an income but I should get paid for the work I do!
    she still require me to come in early but cannot clock in till 8am
    I am so angry so please help me anyone???

    #2 so I went to unemployment office and find out that I am eligiable for unemployment benifits because I make so little and before I accept this job, I used to work for small company and made $30,000 a year so my benifit is great anyhow, employment office person told me that they need to contact my curent employer to verify that you are working 2 days a week and I say ok that is fine.

    anyway my benifit started but the owner is protesting it so she want to take me to phone hearing and Judge decide I should get a benifit or not soon and
    She keeps saying that she has offered me lots more hours and that I refussed working and blah blah and that is not true at all. I ask her all the time for more hours and she refusse and some reason, she cannot stand me to have this benifit from employment even thought it cost nothing to her.
    she didn't mention any of this to me and I didn't knew she protested but employment office sended me a letter that she did and now i am so upsad.

    she still think I don't know what is going on and act like nothing is happen.
    when we do go to hearing and we will fight and say things will make her mad and I am sure after that she will fired me.
    if she do fired me, what can I do? can I sue her?
    can I take her to court? is it anyway cost little to do so? I cannot afford a laywer but I think she should be purnish for what she is doing.
    thank you

  • #2
    Unless you had a bona fide contract putting all those "promises" in writing, the employer has done nothing illegal and you have nothing to sue for.

    All you can do is tell the truth and hope the hearing officer agrees with your side of the story. When the employer protests, the burden of proof is on them to prove to the state's satisfaction that you were offered the hours but refused them.

    Good luck.
    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
      I would also add that if she requires you be at work at 7:30 am and requires you start working at 7:30 am, she legally has to pay you from 7:30 am. You can also file a wage claim against her for all the time you have worked that she has not paid you for.

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      • #4
        Agreed.

        http://www.dol.gov/esa/whd/regs/compliance/whdfs22.pdf

        On-Call Time: An employee who is required to remain on call on the employer's premises is working while "on call." An employee who is required to remain on call at home, or who is allowed to leave a message where he/she can be reached, is not working (in most cases) while on call. Additional constraints on the employee's freedom could require this time to be compensated.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment

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