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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 15744
Experience:  Licensed Texas General Practice Attorney
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I have a question about my job. ive been working for

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hello i have a question about my job. ive been working for just over 4 years in a used car dealership.since i have worked their ive seen a number of employies come and go. my boss has us work hourly then switches us to flat rate then back again when ever he feels like. can he do that? he also says no over time will be paid.can he do that? we were also made to stay home on days their was no work i had to use sick day, vacation days to cover my hours to get a pay check. begining this year 2015 he had us sing a wage document that we work hourly and no over time will be paid "per my boss" we all singed it. but we still work more than 40 hours in some weeks some guys work saturdays myself included. a month ago i took a sick day on a friday.my boss was texting one of the emoloyies about how he wanted to fire me.my service manager tex me monday morning and said "my boss told him not to schedual any work for me and to take the day off.so i did with the option of using a vacation day i chose to take a loss of pay. recently i had to go to the emergency room for a shoulder injury witch i was out last year with a shoulder injury but the other shoulder. i have been diagnosed with Parsonage Turner Syndrome a uncommon nerve damage in the shoulder. i took my doctors note in to the shop the boss was not their i gave it to the service manager and i was told that my boss is going to fire me. can he do that?
Submitted: 1 year ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 1 year ago.
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!
Expert:  ScottyMacEsq replied 1 year ago.
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