Thank you for using JustAnswer. I'm sorry to hear about your situation. First of all, you need to understand that NY is an "at will
" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions
, demotions, wage cuts and raises, disciplinary actions
, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion. Your employer can change the terms of payment at any time, so long as you have notice prior to him doing so. As far as overtime is concerned, you DO have to be paid for time worked over 40 hours a week. The employer can say that it's not authorized, and terminate you if you do work it, but if you work over 40 hours a week, the employer still has to pay, and if he doesn't, you can file an overtime claim with the Department of Labor
. This is whether you're hourly or flat rate. As far as using sick time, vacation time, etc... he can do that to cover time that you don't have any work. It stinks, I completely agree, but it's legal to do so. The reason is that the law doesn't require that he provide sick time or vacation at all, and as such IF he provides it he can set the conditions on how he provides it and when he can take it. As far as firing you for your disability, you can make a claim against them for violations of the ADA
(Americans with Disabilities Act) for failing to reasonably accommodate those disabilities. Here's a link for a wage claim for the overtime due:https://labor.ny.gov/formsdocs/wp/LS223.PDF You cannot waive your rights to overtime, so don't worry about what you signed. As far as filing a complaint in regards ***** ***** ADA, here's a link to that: http://www.ada.gov/filing_complaint.htm Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!