Employment Law

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I have couple questions about my job. Ohio. Offer letter and…

Customer Question
I have couple questions...

I have couple questions about my job

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

Ohio

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

Offer letter and vague signed contract

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

I am salaried manager

Submitted: 4 months ago.Category: Employment Law
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Answered in 15 minutes by:
12/20/2017
Employment Lawyer: Lucy, Esq., Lawyer replied 4 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 31,970
Experience: Former judicial law clerk, lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

What can you tell me about your situation?

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Customer reply replied 4 months ago
I am employed by tim Hortons franchise restaurants as a salaried manager. In our handbook I get one week vacation and pto days also I get bonuses for hitting certain numbers each month. So since I reported sexual harassment in the workplace for some of my workers against or district manager they have stopped paying my bonuses and refuse to give me my vacation and pto days. I have them on record saying it's because the director of operations is mad at me. Is their anything I can do about this. I told hr about this and they said there is nothing I can do.
Employment Lawyer: Lucy, Esq., Lawyer replied 4 months ago

That's illegal. Federal law prohibits an employer from retaliating against an employee for reporting legal violations, including sexual harassment. You could sue them, not only for your bonus and the value of the unused PTO, but for punitive damages. The fact that they actually admitted to their reasoning will help you. But even without that, the timing is suspicious enough that it seems obvious why your bonus didn't get paid this year and why you got no vacation.

If they try to fire you, you can also sue for reinstatement with back pay. But hopefully it won't come to that.

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Employment Lawyer: Lucy, Esq., Lawyer replied 4 months ago

You could try going higher up the chain of command in HR to talk to a supervisor, or even a district manager. Or you could have a local employment law attorney send them a letter, explaining anti-retaliation laws, reminding them that they'll be in even more trouble if they take any other adverse action against you, and offering a settlement.

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Customer reply replied 4 months ago
I also have a 1 year contract with them that expires in July if they fire me can I make them pay it out. My offer letter was sent to me by email but my contract was signed in person. I didn't get a copy of it because they said they would send it to me but never did they are acting like it was never done now. I snuck a picture of it on my cell phone with good quality. Will this work. Also our HR dept is third party called shakley. It is a small company with only four stores. It is a investment group out of Brazil. They have invested $50million into this franchise group. Only one CEO and one director of operations. That's all we have for admin.
Employment Lawyer: Lucy, Esq., Lawyer replied 4 months ago

If they fire you. before July as retaliation, you can make them either pay the rest of the contract or until you find a new job paying a similar salary. You still might be able to get reinstatement if you haven't found a job by the time the lawsuit is resolved.

A picture of a signed contract is valid evidence that the contract exists. You can use that.

With such a small admin group, considering they're telling you that you can't possibly do anything about their illegal actions, it would probably help to bring in a local attorney.

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Customer reply replied 4 months ago
Ok one more thing my contract says I have to work 50hrs a week. But they now say since I'm salary they can make me work as many hours as they want me too. I have been putting about 65hrs a week now is this legal also. They go into the system and remove my hours to 50hrs a week because the owner says to do it to hit their labor goal by our district manager but we have cameras and staff to prove my actual time.
Employment Lawyer: Lucy, Esq., Lawyer replied 4 months ago

Salaried, exempt managers are expected to work as many hours as required to get the work done. An expectation of 50 hours/week isn't the same as a cap on hours.

But falsifying employment records is fraud. You could tell the district manager what's going on.

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Customer reply replied 4 months ago
It's the district manager doing it so he can hit his bonuses. But does my contract saying only 50hrs over rule the exempt rule
Employment Lawyer: Lucy, Esq., Lawyer replied 4 months ago

Sorry, I didn't realize. Then see if you can talk to the person above the district manager. Falsifying records to get bonuses is theft. He should get fired, but they could also press criminal charges against him.

The contract wouldn't limit you at 50 hour/week unless it specifically said that you could never be required to work beyond that.

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Employment Lawyer: Lucy, Esq., Lawyer replied 4 months ago

I have to sign off for a few hours for an appointment. This unfortunately happens sometimes because we have no way of knowing how long customers will want for follow-up questions. If you have additional questions, I'm happy to answer them when I get back.

Otherwise, please rate my answer positively so I paid for the time spent working with you this morning. Mobile users may have to scroll to the right. Thank you, ***** ***** holidays!

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Employment Lawyer: Lucy, Esq., Lawyer replied 4 months ago

Do you have any other questions about this?

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Lucy, Esq.
Lucy, Esq.
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Category: Employment Law
Satisfied Customers: 31,970
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Experience: Former judicial law clerk, lawyer

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