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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33166
Experience:  JD, BBA, recognized by ABA for excellence.
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I live in NC, I am a salaried employee (no overtime). I was

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I live in NC, I am a salaried employee (no overtime). I was sick last week Thursday and left work because of it. I went to the doctor that afternoon and the doctor wrote an excuse for Friday. Today when I got to work the office manager had filled out a request for time off sheet noting 6 hours for Thursday and 8 for Friday. If I sign this then I am agreeing to this. If I am exempt then why should I loose my hours for Thursday? I can agree that I should use vacation time for Friday.

Thank you for contacting our JA team for guidance.

 

No. Your employer cannot dock you for this short time you were out. They cannot classify you as an exempt salaried employee and then treat you as an hourly employee when it suits them. If they do not pay you for the days, you should contact your state labor board and the federal dept. of labor to file a complaint.

 

For more information on employer treatment of exempt employees, see http://www.flsa.com/coverage.html.

 

Please let me know if I can be of further assistance.

 

Best regards,

 

TK

Tina and 4 other Employment Law Specialists are ready to help you
Customer: replied 7 years ago.
The office manager is requesting that I sign this request for time off sheet immediately and turn it into her. What do I do?

If you refuse and the employer does not pay you your salary, even though you are willing to agree to take vacation time, you should file a complaint with your state labor commission and the dept. of labor for the employer's failure to pay your compensation. If the employer retaliates against you, you should have a cause of action against the employer for retaliation.

 

Unfortunately, some employers are willing to terminate employees who exercise their legal rights, which is also illegal, but done quite regularly. I've heard that some North Carolina courts are very conservative and tend to rule in favor of the employer, so you want to make sure that you are willing to carry through if you assert your rights.

 

I am sorry there is not an easier way. Take care.

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