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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 1735
Experience:  Practicing Attorney with 10 years experience
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Plaster - we had an employee resign from our business for" a

Customer Question

Customer: ***** ***** Plaster - we had an employee resign from our business for " a better job". After a short time at her new employment, she was terminated and she filed for unemployment and we were included in her request for unemployment funds. We submitted our response with answers to the form for the investigation. We have received a Notice of Decision indicating we were not paying her prevailing wage for her duties based on market conditions. Were does the claim office find these "prevailing wage rates. She was salaried - 40 hours a week at an annual amount of $24,000 with normal holidays and 14 days for sick day, vacation or any other requested time off.
JA: Thanks. Can you give me any more details about your issue?
Customer: I need to file an appeal and I need to see where the "prevailing wage rate" used for the decision was obtained how that ties to 8-73-108 (5) (E)
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Submitted: 11 months ago.
Category: Employment Law
Expert:  Asad Rahman replied 11 months ago.

I am sorry the decision came out that way. My understanding is that they conduct studies based on data supplied by employers.

Customer: replied 11 months ago.
Can I find these "studies" to see how they might apply to her job description and to make sure we are in compliance with our other employees? Where in the law does it say we must pay at these "studies" rate?
Expert:  Asad Rahman replied 11 months ago.

You may be able to get them under a Freedom of information rate.

Expert:  Asad Rahman replied 11 months ago.

Sorry freedom of information act request.

Expert:  Asad Rahman replied 11 months ago.

I am looking for the legal authority on the fair wages issue.

Expert:  Asad Rahman replied 11 months ago.

The department of labor also conducts these types of studies. I cannot seem to find the legal authority regarding market rate. Did the letter they sent provide any sort of authority?

Customer: replied 11 months ago.
No authority was sited. Only stated that "..not paid the prevailing wage for this position based on market conditions in the field of work..."
Expert:  Asad Rahman replied 11 months ago.

You can reach out and ask for an explanation. The person accepted that salary so the market clearly allows for such a salary.

Expert:  Asad Rahman replied 10 months ago.

Good evening. We only get credit for answering your question if you accept and provide a rating. If you need further assistance, please let me know.