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She had a preapproved vacation planned for last weekend (taking
saturday off, leaving an hour early on friday) along with a few other
people that also had similar arrangements that weekend (all prearranged
and their were others that would be working). The day off this the
regional manager told her and the other people 'they are just robots
and they are there to work not take vacations'
Needless to say my wife told him her day off was not negotiable at that
time, three other's just quit.
Thursday before christmas was their payday. The entire store was not
payed...supposedly checks will be available today (4 days late).
Is this illegal? It is a national clothing store with about 150
stores.
Thanks
please reply to alkemyst [at] 30moons [dot] com
Chris
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alkemyst@shadow.net wrote:
She had a preapproved vacation planned for last weekend (taking
saturday off, leaving an hour early on friday) along with a few other
people that also had similar arrangements that weekend (all prearranged
and their were others that would be working). The day off this the
regional manager told her and the other people 'they are just robots
and they are there to work not take vacations'
Needless to say my wife told him her day off was not negotiable at that
time, three other's just quit.
Thursday before christmas was their payday. The entire store was not
payed...supposedly checks will be available today (4 days late).
Is this illegal? It is a national clothing store with about 150
stores.
Thanks
please reply to alkemyst [at] 30moons [dot] com
Chris
Federal law says all pay must be sent out within two weeks if on hourly
wages.
If that meets the law, yes it's legal.
Unfortunately, an at will company can do as they damn well please with
vacation times as this is not covered by law.
Years ago while working as a security guard, I got approval 3 weeks in
advance to have the 4th of July off.
The day came around and I did not go into work.
Midway into the day, just before I need to leave, for my activity, I get a
phone call from a supervisor I never heard of demanding I show up for work.
Excuse me? This time off has been approved of by the office in advance, and
furthermore, where's so and so? He's supposed to be working the shift.
Well we can't find him so you're going to work or be fired.
I wound up getting fired over the situation by the same guy who approved the
off time in advance.
What can you do about it?
Not much.
I'd say it's time to look elsewhere for employment.
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She had a preapproved vacation planned for last weekend (taking
saturday off, leaving an hour early on friday) along with a few
other
people that also had similar arrangements that weekend (all
prearranged
and their were others that would be working). The day off this the
regional manager told her and the other people 'they are just robots
and they are there to work not take vacations'
Needless to say my wife told him her day off was not negotiable at
that
time, three other's just quit.
Thursday before christmas was their payday. The entire store was
not
payed...supposedly checks will be available today (4 days late).
Is this illegal? It is a national clothing store with about 150
stores.
Thanks
please reply to alkemyst [at] 30moons [dot] com
Employers in my state are required to establish a regular payday.
There is flexibility in choosing the day, but once it's chosen, wages
must be paid on that day. Failure to pay the employees on payday is a
violation of law in my state, and probably in yours too. There are
penalties. Contact the state agency in charge of wages claims and
file a claim. In my state it would be the California Labor
Commissioner. It is almost surely illegal in your state for the
employer to fire you in retaliation for filing the claim. The state
will collect the penalties, and you get that money (if your state is
like mine).
Your wife took the vacation, so there is no problem there. The
regional manager is legally permitted to say dumb things. If the
company fails to follow it's vacation policy, post the details here,
or see a local labor litigation attorney.
Never listen to Richard.
McGyver
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Well my wife and her friends at work would like to find out about what
agency they contact for the fact that they were not paid until four
days after a scheduled and normal payday.
On top of the lateness they forced everyone to wait until after 5pm to
recieve them (many that came in to pick up checks in the morning were
not scheduled to work today)...
This is a low-level job, my wife does it as a hobby, the other girls
rely on that paycheck and there were a lot of bank fees and missed
bills due to it and a couple that couldn't enjoy the christmas weekend.
Thanks
Chris
alkemyst [at] 30moons [dot] com.
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On 28 Dec 2004 15:50:09 -0800, alkemyst@shadow.net wrote:
Well my wife and her friends at work would like to find out about what
agency they contact for the fact that they were not paid until four
days after a scheduled and normal payday.
Post your state.
------------------------------
Bob Stock, California Attorney
Nothing I've said should be relied on as legal advice.
------------------------------
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alkemyst@shadow.net wrote:
Well my wife and her friends at work would like to find out about what
agency they contact for the fact that they were not paid until four
days after a scheduled and normal payday.
On top of the lateness they forced everyone to wait until after 5pm to
recieve them (many that came in to pick up checks in the morning were
not scheduled to work today)...
This is a low-level job, my wife does it as a hobby, the other girls
rely on that paycheck and there were a lot of bank fees and missed
bills due to it and a couple that couldn't enjoy the christmas weekend.
Thanks
Chris
alkemyst [at] 30moons [dot] com.
Contact your local "Wage and hour" office.
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Florida.
Bob Stock wrote:
On 28 Dec 2004 15:50:09 -0800, alkemyst@shadow.net wrote:
Post your state.
------------------------------
Bob Stock, California Attorney
Nothing I've said should be relied on as legal advice.
------------------------------
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I called the local wage and hour office after getting their number from
the toll free one on the dol.gov site.
The lady that answered clamed to be an investigator and told me 'well
they did get paid, so what is the problem' she then compared it to
someone owing you $10 and forgets it the next time you see them, but
gives it to you the time after that?!? She said laughingly, what is
even the problem, everyone got paid?
I have no idea who needs to handle this (small claims perhaps
then)...but that office at 954-356-6896 ext *8771 was useless and not
even remotely compassionate about helping.
She was laughing continuing about it, and brought up equally unrelated
issues of mostly two friends owing each other money, then said well it
*may* be a problem if it was more than 7 days, but then said even then
it wouldn't be a problem if eventually people got paid.
so I said she I asked to be directed to someone that knew what was a
problem and what was not...she seemed to not be sure what was and was
not even proper...I was told she is an investigator and knows exactly
what's right and wrong, I replied that she seemed ignorant to the rules
and more so to use an example of a verbal agreement between two private
individuals amounting to a few bucks in comparsion to a scheduled pay
day by a national company affecting dozens of workers.
She hung up on me
Anyone else know another option than wagehour.dol.gov?
alkemyst@shadow.net wrote:
Florida.
Bob Stock wrote:
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I called the local wage and hour office after getting their number from
the toll free one on the dol.gov site.
The lady that answered clamed to be an investigator and told me 'well
they did get paid, so what is the problem' she then compared it to
someone owing you $10 and forgets it the next time you see them, but
gives it to you the time after that?!? She said laughingly, what is
even the problem, everyone got paid?
I have no idea who needs to handle this (small claims perhaps
then)...but that office at 954-356-6896 ext *8771 was useless and not
even remotely compassionate about helping.
She was laughing continuing about it, and brought up equally unrelated
issues of mostly two friends owing each other money, then said well it
*may* be a problem if it was more than 7 days, but then said even then
it wouldn't be a problem if eventually people got paid.
so I said she I asked to be directed to someone that knew what was a
problem and what was not...she seemed to not be sure what was and was
not even proper...I was told she is an investigator and knows exactly
what's right and wrong, I replied that she seemed ignorant to the rules
and more so to use an example of a verbal agreement between two private
individuals amounting to a few bucks in comparsion to a scheduled pay
day by a national company affecting dozens of workers.
She hung up on me
Anyone else know another option than wagehour.dol.gov?
alkemyst@shadow.net wrote:
Florida.
Bob Stock wrote:
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Whether it is legal or not, watch out! Changes in paydates and unusual
negative financial events may be symptoms that the company is going under.
I worked for a large trucking company that got the Teamsters to take a pay
cut to keep the company in business. A year or two later, the company
changed the pay dates from one week to two weeks past the week worked. I
had direct knowledge that vendors were either not being paid or paid very
slowly. I gave two week notice and left in September. My last paycheck
bounced. The corporate headquarters claimed that the account had been
closed and a new check would be sent. How the f*&*&
&%&
K a first year high
school accounting student doesn't know how to leave money in an account they
drew checks against, is beyond my comprehension. The company went bankrupt
before the replacement check came. Luckily, I wrote a letter asking for the
money and it ended up with the lawyers. They were bound by law to pay labor
before creditors. I got my money in January.
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Well moving forward from this, there are a lot of unhappy people there.
People quit and new hires come in daily...there is no shortage in
supply of the average worker. My wife is one of the 'better' workers
for lack of another term, being given the key to the place, put in
charge and asked to take a management position....she actually asked
for a demotion as she doesn't want to stay with this company at all
anymore due to their practices.
However, that said doesn't mean she wants to walk away from this when
their is clearly either illegal or just malicious (or both) activity
going on.
The sole purpose checks were issued late was due to the fact that the
manager was angry about people not giving up their arranged vacations
and then a group quiting that friday together.
Another practice that was brought up was the fact the manager will
change the schedule while people take their vacations so that they work
immediately the day they come back...this is more than likely fine to
do, but she uses it knowing there is a two strike rule at the company
for missing a scheduled day...in my wife's situation that schedule
comes out the day after she would return from a vacation....she must go
in at 7am to see if she is even supposed to be working.
She is due 8 vacation days and wants to get those before just quitting.
Plus she must last to mid January for her bonus.
Contact your local "Wage and hour" office.
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Well my wife and her friends at work would like to find out about what
agency they contact for the fact that they were not paid until four
days after a scheduled and normal payday.
On top of the lateness they forced everyone to wait until after 5pm to
recieve them (many that came in to pick up checks in the morning were
not scheduled to work today)...
This is a low-level job, my wife does it as a hobby, the other girls
rely on that paycheck and there were a lot of bank fees and missed
bills due to it and a couple that couldn't enjoy the christmas weekend.
Thanks
Chris
alkemyst [at] 30moons [dot] com.
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