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How can I file a complaint regarding my employer wanting to…

How can I file...

How can I file a complaint regarding my employer wanting to change my salary status to hourly with no documentation explaining why.

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

Property Manager just mentioned this to me Friday 6/1/18 verbally

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will

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

PM- also stated false information saying When I tell employees (who work the front desk) to go brush their hair because it wasn’t presentable at the time when she sat at the front. Which is apart of Business casual appearance grooming seduction of the employee handbook. The PM said that was sexual Harrassmt- I was very offended by that comment. So I went and asked every employee the The question “Do I make you uncomfortable when I mentioned something about your hair” all of the replied No ma’am. So I also want some advise on how to file a complaint on defamation of character

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Answered in 7 minutes by:
6/2/2018
Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,403
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. Unfortunately, as an at will employee, your employer can change your status from salary to hourly for no reason. Depending on the state you are in, you may be entitled to a certain amount of time (usually 7 days) notice before any such change goes into effect, but there is no legal reason the employer cannot make that change. It is good to note, however, that as an hourly employee you are entitled to overtime pay, which is not available to those properly characterized as and paid salary.

In connection with the sexual harassment comment, I can only imagine how frustrating a comment like that is. If the PM truly believed you were engaging in sexual harassment, the proper course of action would have been to do a legitimate investigation into your conduct. But it doesn't sound like that is the case. Whether you have a defamation claim depends on whether anyone else was present when the PM made that comment. In other words, to be defamation the comment has to have been made to a third party (someone other than the PM and you). If there were others present when the comment was made, then you may want to consult with a local attorney about sending the PM a cease and desist letter to stop any further comments and to evaluate whether you have a legal claim worth pursuing in court.

I hope this information is helpful. If you need additional assistance, feel free to reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 2 months ago
I’m currently residing in Tennessee, do this state requires a 7 day time period of effective change?
Customer reply replied 2 months ago
As for the defamation it was myself n PM but she had discussed it with the owner of the company too

In reviewing the Tennessee statutes on wages, I do not see a particular notice requirement in Tennessee.

With the defamation, this may be something worth addressing with the owner of the company and stating that you would like those incorrect comments to stop or you may be forced to take other action as it is damaging you in your profession. It may also be worth asking if anyone complained or if this was just the conclusion of the PM, because if an employee did complain you should be able to ask what is being done in response (e.g., is it being investigated and will you have the opportunity to defend yourself). Keep in mind that employees may or may not tell you if they complained and you are the best judge - knowing your relationship with these employees - to judge the honesty of them. Do be careful asking employees if they think something you are doing is harassment, though, as that in itself could be perceived as harassment in today's climate. It is for that reason that you also need to protect yourself from any false statements like the one of the PM.

Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,403
Experience: Member at Keefer & Keefer LLC
Verified
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