joeknows Posted October 13, 2010 Share Posted October 13, 2010 im sure someone here has to be a lawyer or involved in labor law on some level. i realize laws differ from state to state but i think my case would hold up in any state/ court but i would like someones professional opinion before seeking legal council. as many of you know i recently helped open a bar in central illinois. i have been involved in this since june. upon taking on the challenge of writing the menu and setting up the kitchen and everything that it takes to open a kitchen, i made my potential employer aware that on sept 28 i was to have surgery. i was told that wasnt an issue. i am a salary employee..... sept 28th <my surgery date> was the last day of the first week of a 2 week pay period. i worked until the 27th. upon returning to work yesterday i picked up my check to find that it was only half of a paycheck, meaning they only paid me for the first week of the pay period. i called the ownership group and requested a meeting, not telling them about what, so i could discuss this with them. first off i was told that that was what they were paying me because of my absence and was given some BS story about a 90 day probation..... well..... it has been less than 90 days that the store has been open for business but my involvement started in june.... putting me past the 90 days. <first off this is the first i was told that i was even on a 90 probation>. they further said that the probation started on the first day that we opened the doors for business although my employment had started 2 months prior to that. then to top it all off i was notified that my position as the kitchen manager was being elminated. yeah imagine that a restaurant without a km position. so imagine this.... you leave for 2 weeks to have surgery to the well wishes of the ownership group that you NEVER had any run ins with or ever been counciled for any reason. only to return and find your pay half of what it should have been AND that you no longer have a job because they have decided that 2 months in, they arent reaching the profitability they desire so they decided to "cut costs" and eliminate your job. there is much more to the story as far as what they owe me and blah blah, but this is the main gist of what happened yesterday. im in complete amazement at this string of events and i KNOW they are way outside the lines of what is legal.... they have to be right? ps.... if you dont feel it wise to give legal advice over the net thats kool .... but damn.... i sure would like someone to at least tell me "thats ****ed".... it would make me feel a bit better Link to comment Share on other sites More sharing options...
kiingspadee Posted October 13, 2010 Share Posted October 13, 2010 Here is some advice - go here http://www.lawguru.com/ This is the best advice anyone can give you because lawyers check it very often and even help you and maybe even offer to take your case. But if I am understanding correctly there is some serious actions that can be taken. It's like a woman that goes on paternity leave I think Link to comment Share on other sites More sharing options...
joeknows Posted October 13, 2010 Author Share Posted October 13, 2010 thanks... ill check that out on the bright side..... upon leaving the bar after our meeting i immediately made calls to my 2 food reps that i did business with and asked if they had any employment leads..... less than a half hour after being relieved of my position i had secured an interview through one of my reps..... it is in springfield which is over an hour away but at least it is something.... i live in a very rural area of the state so there arent many oppurtunites anywhere nearby.... damn im gonna hate that commute lol Link to comment Share on other sites More sharing options...
kiingspadee Posted October 13, 2010 Share Posted October 13, 2010 Well see what happens with this first. Commuting is no fun. Glad I could help somewhat Link to comment Share on other sites More sharing options...
Burgold Posted October 13, 2010 Share Posted October 13, 2010 I guess the first question is what do you want from them? Do you want the job back? An apology? An exorbitant ammount of money? Revenge? A stake in the ownership? Most lawyers I know won't give specific advice on something like this because they'll be worried about what happens if something goes wrong and if they'll be held responsible, but I think the first thing is to figure out what you want? Link to comment Share on other sites More sharing options...
joeknows Posted October 13, 2010 Author Share Posted October 13, 2010 I guess the first question is what do you want from them?Do you want the job back? An apology? An exorbitant ammount of money? Revenge? A stake in the ownership? Most lawyers I know won't give specific advice on something like this because they'll be worried about what happens if something goes wrong and if they'll be held responsible, but I think the first thing is to figure out what you want? all i want is the money owed me which extends WAY beyond the 2 weeks of current missing pay..... and yeah an apology would be nice.... and maybe a lil time loss/ punitive.... but at the very least.... the money they already owe me Link to comment Share on other sites More sharing options...
December90 Posted October 13, 2010 Share Posted October 13, 2010 calculate what you think they owe you. Figure out what a lawyer costs. Think about filing in small claims court. Also, whatever you do, do it soon. If they are already in cost cutting mode, they may not have the money to pay the claim when you win. Letting them dig a deeper financial hole could hurt your chance of collecting. Link to comment Share on other sites More sharing options...
Dan T. Posted October 13, 2010 Share Posted October 13, 2010 Sounds like you got a royally raw deal on this one. You did all that work getting the menu ready before opening, then they cut you out at the first opportunity once they're up and running. And on the paycheck, how are they justifying witholding a week's pay for you missing only one day? Link to comment Share on other sites More sharing options...
Bliz Posted October 13, 2010 Share Posted October 13, 2010 im sure someone here has to be a lawyer or involved in labor law on some level. i realize laws differ from state to state but i think my case would hold up in any state/ court but i would like someones professional opinion before seeking legal council. I'm not a labor attorney and I don't live in your state. The best thing you can do is 1) scour the interwebz. There is a LOT of info out there; and 2) find yourself a local attorney who will have a free consultation with you. Check local papers or walk into any strip-mall type firm and see if they will give you a free meeting for an hour to talk about your claim and possible action. If you want to pursue it and can't afford an attorney and if you don't care about burning bridges, you can always file in magistrate court (small claims court). They're geared for quickly disposing of small claims, frequently when one or both parties don't have an attorney, and they're not big sticklers for the rules of evidence. But again, you should absolutely talk to an attorney in your state before you do that because they're likely to have ideas you don't. Read your employment contract and employee manual (if they had one) very carefully and see what it has to say about all of this stuff. That said, my uninformed opinion is you were an at-will employee. That means they can fire you at any time for any reason or no reason at all (subject to anti-discrimination laws). You were not there long enough to benefit from the FMLA and your employer probably wasn't big enough to qualify anyway. My guess is best case scenario, salary-wise, you were entitled to be paid for both weeks, and that's it. Depending on if they are using the menu and other items you developed during the unpaid portion of your work, it is also POSSIBLE that you might be able to assert some kind of unjust enrichment action, and argue you are entitled to be paid the reasonable value of the product they are currently using. But I really don't know anything about that. Again, not a labor attorney so I don't really know what I'm talking about, but I think the salary argument won't get you very far. Good luck. Link to comment Share on other sites More sharing options...
Tulane Skins Fan Posted October 13, 2010 Share Posted October 13, 2010 all i want is the money owed me which extends WAY beyond the 2 weeks of current missing pay..... and yeah an apology would be nice.... and maybe a lil time loss/ punitive.... but at the very least.... the money they already owe me First off, you need an employment lawyer (which is not what i do). However, I wanted to chime in on a couple things. 1) You are NEVER going to get an apology, so you can scrap that request right now. 2) With the caveat that I don't know too much about employment law, you can forget about "punitive damages" also. I know that's a sensationalistic idea out there, but those are extremely rare, and you don't seem to meet any of the general criteria of willful and wanton behavior. 3) What is the money they owe you in excess of backpay? I don't see how you think yo get more than two weeks of missed pay? Finally, I'm pretty sure they have whatever right they want to elminate your position and fire you. If that's the general complaint, well that's not a good complaint. Link to comment Share on other sites More sharing options...
IONTOP Posted October 13, 2010 Share Posted October 13, 2010 So basically they hired you as a kitchen manager to make the menu then canned you once the menu was done and rolled out. I'd be pissed... Link to comment Share on other sites More sharing options...
Kosher Ham Posted October 13, 2010 Share Posted October 13, 2010 Is it an "at will" employment state ? Sounds pretty screwed up though. They at the very least owe you the money you already worked for. Hate to say it but, the media could be a last resort option as well. Link to comment Share on other sites More sharing options...
grhqofb5 Posted October 13, 2010 Share Posted October 13, 2010 Hate to say it but, the media could be a last resort option as well. Yes, go to the Washington Post. Link to comment Share on other sites More sharing options...
SonOfWashington Posted October 13, 2010 Share Posted October 13, 2010 Too bad this isn't ExtremeLawyers... =\ Link to comment Share on other sites More sharing options...
joeknows Posted October 13, 2010 Author Share Posted October 13, 2010 So basically they hired you as a kitchen manager to make the menu then canned you once the menu was done and rolled out.I'd be pissed... BINGO the other pay is money due to me for the work i did developing the menu prior to open.... the catch they are trying to use to say they dont owe me the money is that supposedly i was on some kind of 90 day probation.... but i dunno if that would even matter .... besides they are saying that the probation started on the day they opened the doors for business and not the 2 months prior that i was working developing the menu and setting up the kitchen...if teh 90 day thing is legit.... meaning that they dont have to pay me despite being on salary ..... why would you work me for 2 months off probation and then put me on probation when you opened the doors? Link to comment Share on other sites More sharing options...
skinfan133 Posted October 14, 2010 Share Posted October 14, 2010 the biggest question of all in my mind, is how can you prove that they were OK with you getting surgery? Unless you can do that, you have no case. Link to comment Share on other sites More sharing options...
chipwhich Posted October 14, 2010 Share Posted October 14, 2010 That said, my uninformed opinion is you were an at-will employee. That means they can fire you at any time for any reason or no reason at all (subject to anti-discrimination laws). You were not there long enough to benefit from the FMLA and your employer probably wasn't big enough to qualify anyway. My guess is best case scenario, salary-wise, you were entitled to be paid for both weeks, and that's it. Depending on if they are using the menu and other items you developed during the unpaid portion of your work, it is also POSSIBLE that you might be able to assert some kind of unjust enrichment action, and argue you are entitled to be paid the reasonable value of the product they are currently using. But I really don't know anything about that. Again, not a labor attorney so I don't really know what I'm talking about, but I think the salary argument won't get you very far. Good luck. Ding ding ding....winner. Also, what part about you being a salaried employee, then working 1/2 of a pay period, getting paid for one half of a pay period, not make sense to you? Because your salaried doesn't mean you take time off without leave and still get your same pay. Did you have leave for the week you missed? You see, this is why companies have short term/long term disability policies. Usually the short term wouldn't cover you for the first week anyway, but it would give you some pay if you were out longer. The company certainly wouldn't be expected to pay it. Link to comment Share on other sites More sharing options...
zoony Posted October 14, 2010 Share Posted October 14, 2010 I'm fairly certain that employers can let you go for any reason... BUT... they have to be consistent with all employees, otherwise you have grounds for wrongful termination Link to comment Share on other sites More sharing options...
BadKarma Posted October 14, 2010 Share Posted October 14, 2010 Unless you have a contract, you are screwed and basically were used for your expertise and run out when your value run out. You can go to the length of attempting to sue them but it will be a long process and most likely wont be worth much to you. Your employer knows this. Your best bet is to file for unemployment and have them pay your reduced salary while you look for another job and learn your lesson for next time. That or show up late at night with a baseball bat and learn someone a lesson that messing with people is not acceptable. Link to comment Share on other sites More sharing options...
aszumilo Posted October 14, 2010 Share Posted October 14, 2010 Contact the local US Dept. of Labor. I had a similar issue, with a former employer, and they were extremely helpful. Got all my back wages and fined the company heavily. Link to comment Share on other sites More sharing options...
joeknows Posted October 14, 2010 Author Share Posted October 14, 2010 just wanted to thank everyone for their viewpoints. i have great news though!!!! i was released from this job at 5pm tues evening and was hired at this place <see link> at 9:30 am wednesday morning.... with much better money and benefits and better ESTABLISHED reputation. http://www.mariahsrestaurant.com/vr-low.html goes to show that if you work hard and live honestly... youd be surprised who notices... even when you dont know you are being watched.... proof that THE GOD keeps balance in the world!!! Link to comment Share on other sites More sharing options...
Burgold Posted October 14, 2010 Share Posted October 14, 2010 I love a happy ending! Still doesn't make what they did to you right, but at least you landed on your feet and hopefully in a better place with better people. Link to comment Share on other sites More sharing options...
bishtw Posted October 14, 2010 Share Posted October 14, 2010 Good for you but if at all possible Id still try to recover any pay due while you were out sick. Link to comment Share on other sites More sharing options...
zCommander Posted October 14, 2010 Share Posted October 14, 2010 Real glad you found a new gig that quick. Couple of questions about your previous job: 1. Did they not pay you while you were developing the menu? 2. If they did then what back pay are you looking to get? State labor department can get your back pay for you and they hate companies who cheat their employees of wages. Also to let you know about intellectual property - since you created the menu for them while they were paying you it is really not your menu anymore unless you were on a contract. It is their. Good luck on your new job though. Link to comment Share on other sites More sharing options...
kiingspadee Posted October 14, 2010 Share Posted October 14, 2010 congrats friend Link to comment Share on other sites More sharing options...
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