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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19949
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I work security firm based in Indiana. Two weeks after

Customer Question

I work for a security firm based in Indiana. Two weeks after I was hired, my supervisor went on medical leave. I was told he most likely would be gone a month to six weeks, so would I cover his duties? I said I would with the promise that either I would be paid his salary, paid in mileage, or given extra time off. After 4 to 5 months, the supervisor was not hired back. I asked for two weeks vacation, in lieu of pay, or some kind of pay imbursement. I was denied the time off, denied any compensation, and another person is now in place to do the duties. Is there anything I can do?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,Thank you for the information and your question. Can you tell me whether your employer actually verbally, or in writing, agreed to one or more of your demands in exchange for filling in? In other words, did they say specifically yes, this is what you will now be paid or yes, you will receive two weeks leave? Also, what are your duties when you are not filling in and are you paid as an exempt employee (salaried with no overtime pay) or non-exempt with overtime? Is that different than how your supervisor is paid (not amount but exempt versus non-exempt?)
Customer: replied 1 year ago.
Verbally - constantly danced around the issue. Oh we'll do something. My normal pay is $8.50 / hr. The supervisor is over $11.00. Doing supervisor work added to normal duties of doing payroll, schedules, on call, expected fill in if someone called in sick or couldn't make it. I took it on, as an idiot, blindly believing the supervisors - Mike Minton and Ken Curtis, that I would receive SOMETHING. Nothing has come to be, yet the person who is taking it on now is going to be paid $11.00 + per hour. In other words, I did the work for over 4 months for nothing - no thanks, ***** ***** - Kelly Keith
Customer: replied 1 year ago.
I can't add much to this
Expert:  Marsha411JD replied 1 year ago.
Hello again Kelly and thank you for that information. I apologize for the delay in getting back to you but as you can imagine we don't work 24/7. I did though want to go ahead and try to address your issues as soon as I could. I will be mostly away from my computer this weekend but if you have any follow up questions, I will try to respond as soon as possible.If your employer had given you a specific statement of commitment to an specific amount of extra pay or vacation, then that would be enforceable unless and until they notified you that you were no longer entitled to that amount of pay or vacation. Otherwise, without a specific amount promised, either verbally or in writing, the employer is not required to pay an employee extra for extra work. In other words, the employer may set and change the terms and conditions of employment, including duties, pay, hours, benefits, etc., unless there is a contract that states otherwise. Therefore, it would not be unlawful for the employer to force an employee, like you to fill in for a supervisor without paying them extra, absent a contract. The only exception, other than what I mentioned, is that an employer may not treat an employee less favorably simply because of the employee's race, national origin, sex, age (over 40), disability, religion, pregnancy, military service, or AIDS/hiv status. So, for example, if the employer had two employees fill in for a supervisor and one was in a protected class and the other wasn't, the employer would need to treat them the same in terms of benefits, pay, etc. Again, feel free to ask for clarification. I would be glad to assist you further if I can.
Expert:  Marsha411JD replied 1 year ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the legal answer I provided to you on the 18th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/
Thank you.