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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12554
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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I was told I was being hired as a salaried employee. However

Customer Question

I was told I was being hired as a salaried employee. However after a few weeks my recruiter let me know I was hired as hourly and so my wages were incorrect and I should get a pay increase based on being salaried. My boss blocked this pay increase stating that I'm in training and the pay increase isn't supposed to happen until after I'm certified. I looked back at my offer letter and it says I'm hourly, not salaried. However, when I talked to HR they said there is no info about if I was hourly or salary my first 2 weeks on the job. After that they see I'm salaried. I filed a written complaint against my boss over this last week, even though the incident occurred in sept 2015. Do I have a case?
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Submitted: 8 months ago.
Category: Employment Law
Customer: replied 8 months ago.
Also my boss was pretty aggressive towards me when she found out I was documenting my work hours by email. She told me to stop it. I alerted HR to this incident as well, citing this as intimidation and my reason for not filing a complaint sooner. My boss also indicated that if I wanted to be hourly rather than salaried I might be let go, so this was also added to my complaint.
Expert:  Andrea, Esq. replied 8 months ago.
Hi, My name is ***** ***** I will be glad to assist you, I am sorry that you are caught in the middle of this misunderstanding between HR and the information contained in your offer letter. If you were to sue the employer, the only documentary evidence that you would be able to show the Judge would be the offer letter which indicates you as an "hourly" employee.. If you could convince the HR representative to testify as to your status - that you are salaried and not hourly, you would have a fighting chance at winning the lawsuit and back pay. But, you have to ask yourself, Realistically, what are the chances of the HR representative offering testimony that you are supposed to be a salaried employee and not hourly? You would have a fighting chance at winning if you engaged an experienced Employment Attorney to file a lawsuit against the employer and serving the HR Department with a Subpoena for their records which show you as a "salaried" employee and not "hourly". You also stated, "My boss also indicated that if I wanted to be hourly rather than salaried I might be let go​" What status do you want to fight for, hourly or salaried ? It appears from your last statement that your boss has no objection to your being a "salaried" employee,
Customer: replied 8 months ago.
I don't mind being salaried. My complaint is mainly about the possible deceitfulness of my boss. I guess I am more wondering what the repercussions for my boss might be if they determine she was wrong for having blocked the pay increase ? Especially since she did so by making me give her my personal cell while I was talking to my recruiter and then arguing with her and saying that I couldn't have it simply because it wasn't fair
Expert:  Andrea, Esq. replied 8 months ago.
Please post your question here and I will ask the Moderatos if there are any accountants online right now, Okay ?
Customer: replied 8 months ago.
I guess I'm wanting to know if she broke the law? If so would the company likely fire her even though she has been there for 20yrs?
Customer: replied 8 months ago.
I rephrased my question because I realized I wasn't asking the legal aspect
Customer: replied 8 months ago.
And by the way my company is huge. I have seen top level employees fired overnight
Expert:  Andrea, Esq. replied 8 months ago.
Whether or not your boss violated some internal company policy, would be impossible for anyone to say without knowing what the company's policy is on this issue. As for your question of whether your boss' actions violated any law, the Answer is "No", your boss' actions did not violate any State or Federal employment law. I sincerely ***** ***** could give you the Answers you were hoping for, but they would not be the correct Answers, Please be kind enough to leave a Positive rating. This will not cost you anything because you have already placed a deposit with JustAnswer, but it is the only way that JustAnswer will give me credit for assisting you. Thank you for understanding, Kindest regards, ANDREA
Customer: replied 8 months ago.
I would also like to know what recourse I might have if the company terminates me for filing the complaint against my boss? My formal complaint was not only about the fact that I was hired at an hourly rate when in fact my status is salaried, but it is also about the way I was bullied and intimidated into not saying anything about it. I have various examples of her behavior with me behind closed doors and also in presence of other staff which I documented in my complaint. If investigation doesn't end in my favor and they decide to terminate me (I live in GA which is an "at will" state as far as employment is concerned) could I realistically claim retaliation and seek a lawyer?
Customer: replied 8 months ago.
I would also like to know what recourse I might have if the company terminates me for filing the complaint against my boss? My formal complaint was not only about the fact that I was hired at an hourly rate when in fact my status is salaried, but it is also about the way I was bullied and intimidated into not saying anything about it. I have various examples of her behavior with me behind closed doors and also in presence of other staff which I documented in my complaint. If investigation doesn't end in my favor and they decide to terminate me (I live in GA which is an "at will" state as far as employment is concerned) could I realistically claim retaliation and seek a lawyer?

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