Employment Law

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I have been harassed for over a year which has caused me…

Customer Question
I have been harassed...

I have been harassed for over a year which has caused me emotional stress

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

2 people in the office... I have been salaried for 9 years and then all of sudden i was ordered to punch a time clock for about 4 months then i was told to stop punching then i was told to keep track of my time so i did. I accumulated over time and presented it to them they did not pay me a month for the overtime then i had to start punching again then i was told if i don't work 40 hours i woul d have to use my PTO which i have never been done or asked to do because i have always been salaried. not i am salaried/non exempt Minnesota

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Can u explain a little more

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No... i am so tired of being beat up all the time

Submitted: 4 months ago.Category: Employment Law
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Answered in 12 minutes by:
11/28/2017
Employment Lawyer: Pheobe Clark, Lawyer replied 4 months ago
Pheobe Clark
Pheobe Clark, Lawyer
Category: Employment Law
Satisfied Customers: 128
Experience: Attorney at Pheobe A Clark Attorney at Law
Verified

I am so sorry that you are experiencing such trouble at work. I understand that the employer has changed the terms of your employment in terms of going from salary to hourly. I do not have information on the employer, but the Fair Labor STandards Act requires that an employer who brings in more than $500,000 or are engaged in employment across the states must pay overtime or be subjected to an department of labor investigation. once should be paid time and a half for any time over 40 hours, not forced to use PTO.

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Employment Lawyer: Pheobe Clark, Lawyer replied 4 months ago

Also if one is subjected to mental impairment (emotional distress) to the point that medication or hospitalization becomes necessary, you may be entitled to a workers compensation claim based on emotional distress. these cases are hard to prove, and typically the employer's harassing behavior should be extreme and outrageous conduct.

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Employment Lawyer: Pheobe Clark, Lawyer replied 4 months ago

finally, if you are being treated because of gender, race, disability, religion or sexual orientation, you may be eligible to make a discrimination claim with the EEOC if you can identify people who are different from you being treated better than you.

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Employment Lawyer: Pheobe Clark, Lawyer replied 4 months ago

I hope I have provided you potential remedies in every area. If I have provided you sufficient guidance regarding your situation, please reward me with a positive rating so that I may receive credit for this session and close out. Thanks so much!

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Customer reply replied 4 months ago
I have always been salaried/non exempt. I am not hourly...so why am i going through this
Customer reply replied 4 months ago
no i am not satisfied with the answer
Customer reply replied 4 months ago
Please cancel this
Employment Lawyer: Pheobe Clark, Lawyer replied 4 months ago

unfortunately, Minnesota employment laws state that employment is at will. therefore, employment is at the will of the employer and they have the right to determine employment status at any time.

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Employment Lawyer: Pheobe Clark, Lawyer replied 4 months ago

You have the power to close out the session by at least giving me credit for providing you with discrimination claim rights, workers comp claim rights for the emotional distress, and potential way to seek overtime through the department of labor? If you will reward me with a positive rating, we can close out this session!

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