I need everyones opinions on this...?

Question

So,my husband had been w/his employer for a year and a half...and never missed a day...well this last week they announced that they were going to not pay them time and a half for working overtime...something about because of the holiday.Everyone got upset about it..and 2 people laid out of work on Friday.My husband laid out Fri.too,because of this,mixed with his back issues.Hubby&other 2 people come into work today,to get "laid off" they told them that they were "downsizing and not enough work" the thing is,they are work 55hours a week,and some Saturdays!In otherwords,he was laid off for no reason!!They wrote it up as layoff&he is getting to draw$,but,they are all 3 thinking of sueing,as they were all laid off for NO REASON!!Does anyone have info on laws about this(I live in tennessee)also,need opinions,does anyone think they will win if they sue??Anyone been through this???Thanks guys!!

Sorry that was so long...

Answer 1

I am from California and we have a State Labor Relation Board. You may have a case regarding not being paid for working overtime; this depends upon a state law about this abuse. Suing the company privately will cost you$$$$ for an attorney, unless you find one who will take your case on contingency. Which means he will get about 30% of what you win if you win the case. Or you may find an attorney who will do it for nothing. This is called pro-bono. I recommend you talk to an attorney and see if you have any sort of a case. I wish you luck.

Answer 2

Is it possible that there really wasn't the need for two extra guys on Friday? I think if they were to sue, they'd have to prove that there was enough work for them to have actually worked on Friday. I work for a corporation and some departments do go home early or not come in some days because we are short on work for that particular day. As far as the no overtime because of the holiday, thats perfectly legal - as long as they didn't work over 40 regular hours. Like if he worked 40 total hours and 8 of them were holiday pay, then only 32 hours would count toward being eligible for overtime. But if he worked 50 hours minus the 8 hours holiday pay meaning he worked 42 regular hours, then those 2 hours should still be considered overtime.

Answer 3

If you really want to know if there is a law on this, contact the Office of Labor Relations in addition local law firms. I bet lawyers would take any case as long as their is money involved. Nonetheless, laid off is due to the company problems: over employment, budge cut, etc. After the 9/11 crisis, employment has dropped and lay-off has increase. Anyways, when a company lays a employee, the company usually has a good reason like I said above. It was not your husband's fault

Answer 4

Tennessee has no wage laws concerning overtime, minimum wage, or the regulation of salaried employees. The United States Department of Labor's Wage and Hour Division enforces the Fair Labor Standards Act regulating minimum wage, overtime and salaried employees. Further information concerning these matters may be found at the WH division of the Department of Labor web site...

http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm


"Unless specifically exempted, employees covered by the Act must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, as such."

Answer 5

First talk to a good ATTY. and NOW

the fact a company is violating a state law about over time is unacceptable. second is it a union shop? if it is why is the UNION not doing it's job by filing a grevience.

as for a layoff the company has the right to do this. ASLONG as it's done by seniority ( I think) but they at least have to state ( LACK OF WORK)
again talk to the ATTY he will offer the best advice and ( you will be able to provide all the information)

God Bless

Answer 6

I don't know about Tennessee, but most states have laws that say employers don't need a reason to lay you off. As long as they are not violating any discrimination laws, they have just as much right to fire you as you do to quit without reason or notice.

Answer 7

Contact your state dept of Labor...what they are doing is illegal!Unless it's the state of Michigan. you can lay off/fire for no reason. but if you get fired, you can't draw unemployment. SUE, you'll be happy you did. There's been so many times I could have sued, but didn't, wished I had now.

Answer 8

this entire debate to regardless of if gay marriage is a top or regardless of if that is immoral is an pointless debate. right that could be a diverse way of watching this situation that removes faith and top and incorrect from the subject: look, what a possibility employer does the government have in issuing certificates that say 2 human beings love one yet another? What a possibility employer is that of government? that is ludicrous. while those rules that reference marriage have been initially handed, it grew to become into because of the fact we concept that marriage grew to become into the suited company for having and raising one's very own infants. the only public pastime grew to become into contained in the infants. If we no longer think of that marriage is approximately infants, then we would desire to do away with all connection with marriage (or civil unions) from our rules. look, while the US abolished slavery, we did no longer replace the definition of race nor did we alter the definition of slavery. particularly we eradicated all connection with race from our rules. that's what we would desire to consistently do to any regulation that references marriage or civil unions.s

Answer 9

If you're in California, it's considered a right to work state, which means they can fire you or let you go at any time for almost any reason.

Answer 10

Good Luck