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I was intitally hired at fulltime with a salaried wage. I went back to school and was changed to hourly at $12/hr for 20 hrs a week. My boss does not keep records of how long I work. I work approximately 10 hours extra a week to finish my asigned tasks. I wrote an email saying I agreed to work extra hours without pay when I was offered the deal so that I could pursue my education. My boss agreed. Last week I asked for fulltime work because I dropped out of school. My boss said no because I never finish my tasks on time so she is hiring someone else. It was impossible for me to finish full time tasks in 20 hours. I even gave her an extra 10 hours which she does not acknowledge by not keeping records. I have not given her a resignation letter, but she has told me she is looking to replace me. Has she broken any labor laws? Do i deserve an compensaion for the work I put in extra? I feel I was being set up to fail- is that discrimination? Can I get a severance package?

Submitted: 290 days and 14 hours ago.
Category: Employment Law
Value: $15
Status: AWAITING CUSTOMER ACTION
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miami beach, Florida

Already Tried:
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Answer

Thank you for contacting our JA team for guidance.

 

First, there are no laws that require you receive a severance package. However, if you employer's policies and practices include a severance package, they cannot apply it indiscriminately, as it may amount to discrimination based on age, disability, gender, race, national origin, etc.

 

If you are owed compensation and/or overtime, you should file a complaint with your state labor board/commission.

 

See also http://www.flsa.com/overtime.html concerning overtime and exempt vs. non-exempt employment pay.

 

Please let me know whether you require additional assistance.

 

Good luck to you!

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Expert: Tina G
Pos. Feedback: 98.8 %
Accepts: 
Answered: 2/6/2009

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Recognized for excellence in labor & employment law by ABA/BNA. 12 years experience.

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