started to dock my pay of $50. He said that it was because I am on limited duty. But I'm doing my work to the fullest - even though i'm not supposed to. Is it legal for him to do that? Could someone give me a link to a website. Thank You
2007-03-17 14:26:00 · 8 answers · asked by o 1 in Business & Finance ➔ Careers & Employment
started to dock my pay of $50. He said that it was because I am on limited duty. But I'm doing my work to the fullest - even though i'm not supposed to. Is it legal for him to do that? Could someone give me a link to a website. Thank You
I live in the state of California
2007-03-18 12:31:48 · update #1
I live in the state of California
2007-03-18 12:32:17 · update #2
You do not say your state's name. Most states will not allow him to do that & I believe it breaks the federal "fair pay" employment laws. He could fire you & force you to draw unemployment but not pay a portion of your salary if you are there all day.
Do not start with an attorney - it is a waste of money. Few states would make your employer pay attorney fees even if you win. The State Employment Commission will not only answer your questions, but will investigate & make a ruling.
Forcing all back pay to be paid. They rule with a iron fist in NC & in most states. Your Employment Security Commission will have its own website with information & even phone #s & a way to e-mail them. Good luck!!
2007-03-17 16:57:38 · answer #1 · answered by Wolfpacker 6 · 0⤊ 0⤋
You will need to read through your employment contract if there's such a clause. If not, speak to your boss and let him know that you will continue and promise to deliver where you left off before your surgery. Communications are often the best tools for work-related issues. Until all else failed, and you must be prepared to lose the job, you can seek legal help from the Employment tribunal; but this is only as a last solution. On the other hand, perhaps you should proof yourself by working hard and deliver quality works to enable your boss to change his mind about the docking.
2007-03-17 14:34:59 · answer #2 · answered by SGElite 7 · 0⤊ 2⤋
As long as you are receiving at least the minimum wage, pay is a matter of negotiation between employer and employee unless you have a labor contract that specifies your pay - your boss could cut your pay without anything to do with limited duty, and your recourse would be to quit working there.
If you do have a contract, then it's probably a different answer - see your union rep, or sit down with your contract and your boss.
2007-03-17 14:51:02 · answer #3 · answered by Judy 7 · 0⤊ 1⤋
do you have a letter from a doctor stating that you can perform full activities? if not this may be the reason your boss is docking you. if not call the dept. of labor in your state and ask them. if your doctor can provide you with a letter stating that you were able to resume your full duties from the day you returned your boss will have to pay you back all that money and do not let them tax it.
2007-03-17 14:37:46 · answer #4 · answered by milton b 4 · 1⤊ 1⤋
You need to contact a lawyer. That is totally illegal. He can not dock your pay. Contact a lawyer and talk to one. The consultation should be free. What he is doing is illegal. You should also contact the EEOC .. they have a website. go to us.gov and you should be able to find it there. Good luck.
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2007-03-17 14:34:15 · answer #5 · answered by Anonymous · 3⤊ 1⤋
depending on the state that u are in you can research that state labor laws and tha will tell what you or your employer can legally do.
2007-03-17 14:30:42 · answer #6 · answered by Anonymous · 1⤊ 1⤋
You need to consult an employment attorney!
2007-03-17 14:33:39 · answer #7 · answered by Anonymous · 2⤊ 1⤋
It is best to do just light duty until he pays you right.
http://www.consumeraffairs.com
2007-03-17 14:29:21 · answer #8 · answered by sunflare63 7 · 0⤊ 2⤋