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Recent Pay Period questions

I work as a server at one establishment owned by my

I work as a server at one establishment owned by my employer. I previously worked as a server, and events coordinator at another location of theirs before moving to the current location. After moving to serve at the current location I continued to coordinate events for the original location. I held this postiton for 3.5 years until last week.Several times in the last year I have requested a meeting with ownership to discuss reorganizing the event structure. In the last text (our primary method of communication) I also requested to discuss a raise as I had not received one in 3.5 years. There was an immediate response that the owner's wife (who held the position before me) was going to take over the event's position since, as the owner stated " you hate it". I replied that I did not hate it, but that it could be frustrating at times, and it was not worth the time and effort at under $100 a week. For 5 days there was no additional communication from the owner. I texted on the 5th day and asked if the owner's wife would be taking over in the morning as the pay period was ending. he said yes. I have never been reprimanded for poor performance or misconduct. Am I entitled to file for unemployment for the lost wages?

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Law Educator, Esq.

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I worked zero tolerance company. They have had many

I worked for a zero tolerance company. They have had many employees come to work drunk and hungover many many times and nothing was ever done about it. I came up with THC in a random test and was fired. Would this be considered discrimination? Also I was a supervisor and had been on a 600.00 a week salary for 3 years up til my last paycheck then they only paid me for 12 hours of pay. Is that legal and do I have a case?

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Law Educator, Esq.

Attorney At Law

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I work company in Indiana. I have been suspended accused of

I work for a company in Indiana. I have been suspended accused of stealing time from the company also chronic tardiness . There is currently an investigation from HR to see if I violated anything. There's no company' handbook. No verbal or written notice was given to me by management of any issues just a phone call stating I have been placed on suspension. Another point is every pay period my manager has to approve my hours. Which have been approve and I have been paid every pay period. HR says depending on the outcome I will get back pay of found innocent. Do I still have a right to pay while on suspension due to them not having evidence of me violating anything before being placed on suspension. Also the manager has told some employee about my suspension and hav told some I will be replaced.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: IndianaJA: Have you talked to a lawyer yet?Customer: Not yetJA: Anything else you think the lawyer should know?Customer: Other than I next month will be a year I have worked I the company no handbook has been done or given to employees. Everything I have done and accursed of doing is basically common practice since we started working. I have no offenses or anything on my record.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.

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ScottyMacEsq

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I am hoping you can help me determine if I need to re a

I am hoping you can help me determine if I need to hire a lawyer. I am a health professional and have been at my current place of employment for almost 5 years. I am paid a base salary and then production percentage on the amount above that which covers my base salary. I ran the start up and was below the base salary production for the first year. They always paid the base salary. Recently we have opened a new branch and I am doing the start up again. I was below base salary production for the first two quarters but above for the third. This last quarter, I had to take time out for shoulder surgery (2 weeks) and did not make the base salary production. So, they are planning on deducting the difference from my salary (kindly waiting until next quarter so perhaps I will have earned a bonus - sarcasm here). I am given 4 weeks vacation, which includes sick time, so with those two weeks, I am one day over but have worked extra days when the other doctor is out. If they try to say I only worked some half days, they could extend this to two days over. I am scheduled to take two more weeks off later in the year. I have not taken those days off and they did not talk to me about not taking them as my vacation time is gone.The wording on these section are as such: "Cash compensation: Inconsideration of her performance of duties hereunder,Professional shall be paid an annual salary of $120,000(paid bi-weekly in the amount of 4,615.83) plus twenty-five percent (25%0 of the Revenues which are attributable to the services rendered by the Professional in excess of $480,000 ($120,000 quarterly) during the fiscal year. A reconciliation between the bi-weekly and amount actually earned shall be performed quarterly. Any excess earnings shall be paid starting on the second pay date of the next quarter following the reconciliation and shall be payable in installments equal to the number of pay periods until the next reconciliation.""Personal Days"; Professional may, upon reasonable prior notice to and with Employer's consent, schedule up to and including four (4) weeks personal time during any calendar year, or a prorate portion thereof during any partial calendar year, whether for vacation, sickness, continuing education or otherwise. All personal days will be without pay. However, the guaranteed minimum will continue to be paid bi-weekly."The first year I took more than 4 weeks, including CE, as verbally they said there was no limit to vacation as long as it did not harm the business.I am trying to see if I can make them pay the full amount and if this could be considered a breach of contract so that I can fight the non-compete.

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John

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As a small business owner (10 employees), am I permitted to

Hello - As a small business owner (10 employees), am I permitted to Bank the first 5 hours of overtime my employees work per week during the first few months of the year - as long as - I then grant the time off at Time and a Half starting in June - through ~ September?My thought is that we need the overtime worked the first few months of each year (about 15 hours per each employee - which all would be paid 10 hours overtime and 5 would be Banked). Then in the summer months we are slow. If an employee had 50 hours of Banked time - then I would give the employee 75 hours of time off - Example: Out early every Friday until the 75 hours were met.I have found various items online - some sound as if this is only permitted for government employees - while other sites state you must give 1 1/2 times the hours off - just as the employee would have been paid.Thank you!Patty

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Marsha411JD

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I have worked the same job with the same pay years now boss

I have worked the same job with the same pay for 3 years now for the boss to bring her daughter in i have been cut 300 a week getting 1/2 daya week off in place what can i do

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Delta-Lawyer

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Physician Assistant. I recently changed jobs from a solo

Good afternoon. My name is***** Assistant. I recently changed jobs from a solo practice to a hospital. My previous employer deducted my 1st quarter bonus from my final check (which by the way was distributed to me 10 days after the regular pay period), saying that after all there wasn't a profit. This is the first time this has happened regarding bonuses since I've been there.Secondly, I worked an extra Saturday for which I was cut a check the same day. Unfortunately I lost the check; I asked them to place a stop payment on the check and issue me another one (about 2 weeks ago) and thus far I have received nothing.When I questioned the above incidences, I was told by my boss never to contact the office again.I would like to discover what my options are at this point in time.Thank you!

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Marsha411JD

Doctoral Degree

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We had a salaried manager at our restaurant, scheduled to

We had a salaried manager at our restaurant, scheduled to work last week Tuesday through Saturday, our days of operation. He did not show or call in last Friday, and on Saturday came in late and within 5 minutes walked out without a word to anyone that he was leaving. Do I have to pay him for those 2 days?

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Patrick, Esq.

Doctoral Degree

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My employer changed my bonus structure the day before

My employer changed my bonus structure the day before payment was due. The original bonus structure was communicated to me on February first of this year, the start of my company's fiscal calendar. Payments are made quarterly based on store performance. The first fiscal quarter ended for the company on May 1st, and my performance based on the original compensation plan was communicated on May 16th. Based on my performance in the first quarter, I should have received a bonus of $6,145.22. Payment of this bonus was due on Friday June 10th. On Thursday, June 9th, we received communication that the bonus structure had been changed and a clause was added that capped my stores performance due to is being a new store. This change reduced my bonus to $1,235.22, a difference of $4,910.00. The company states that this is legal because they have the following clause on my compensation letter.“PetSmart reserves the right to modify compensation and benefits from time to time, with or without notification to plan participants. These modifications may include, but are not limited to, amending or withdrawing incentive and / or equity plans as PetSmart deems necessary.”Is it legal for them to retroactively change and incentive plan after the pay period has closed?

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John

Attorney

Doctoral Degree

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