alcarterra 0 #1 January 5, 2004 So I quit my old job and my last day was back on December 17th. I worked in HR, and did payroll. On December 15th, I put in payroll from the days of Dec 1 - 12. (Please keep in mind that my last day was on the 17th). So I get my paycheck that I am owed on Dec. 26, but they only paid me for 24 hours. (Hours worked Dec. 15-17) So my old company owes me for 80 hours. They are trying to pull the "we pay current" thing on me, but it doesn't hold true for the lab I worked at. (btw...pay current means when someone new starts, they are paid the hours that they actually worked plus 80 hours in their first paycheck, hense, they are paid current) We were taken over back in April, and this "pay current" rule applies to the anyone hired after we were taken over. When I first started, after I worked 2 weeks, I got paid for 80 hours (it just happened to fall into the pay period). I was never paid current, and the new company never paid us current once they took us over, we were still on the same pay schedule, and nothing changed with the amount or anything that we were payed from the paycheck before they took us over to any paychecks following. But now, they are refusing to pay me for those 80 hours. Is that legal? Can they legally not pay me for hours that I physically put in at work? Sorry, I'm so frustrated right now, I had a feeling that this was going to happen Sorry if this isn't clear, I'm just not happy at the moment. alyson team swooo swooo #2 Quote Share this post Link to post Share on other sites
SkydiveMonkey 0 #2 January 5, 2004 Is it mentioned in your contract?____________________ Say no to subliminal messages Quote Share this post Link to post Share on other sites
alcarterra 0 #3 January 5, 2004 No, there is no contract, and it's not mentioned in the employee handbook either. alyson team swooo swooo #2 Quote Share this post Link to post Share on other sites
PhillyKev 0 #4 January 5, 2004 QuoteIs that legal? Can they legally not pay me for hours that I physically put in at work? Not legal at all. But be sure you're right about their payroll schedule. Quote Share this post Link to post Share on other sites
billvon 3,120 #5 January 5, 2004 >Is that legal? Can they legally not pay me for hours that I physically >put in at work? Certainly; I work 50-70 hours a week and get paid for 40. The primary issue is that they must honor their employment contract. If you are an hourly employee, generally you get paid for each hour you work. Salaried employees generally don't. Quote Share this post Link to post Share on other sites
gemini 0 #6 January 5, 2004 Call your state employment commission and explain that you worked the 80 hours and were never paid. They will investigate very quickly and collect from the employer and pay you. In effect, they make the employer prove you were paid which will be very hard for them to do in your case. In Texas the employment commission is very responsive to ex-employee claims and usually has the money in less than two weeks. Blue skies, Jim Quote Share this post Link to post Share on other sites
alcarterra 0 #7 January 5, 2004 I was an hourly employee, non-exempt for the technical term I believe. Technically, they owe me for overtime during that time too, but it's more important to me to get those 80 hours first. Also, I'm sure about the payroll schedule. It's one of the only things that I really learned and understood in HR. alyson team swooo swooo #2 Quote Share this post Link to post Share on other sites
Zeemax 0 #8 January 6, 2004 QuoteSalaried employees generally don't. i think what you meant was, "Salaried employees generally get shafted"Phoenix Fly - High performance wingsuits for skydiving and BASE Performance Designs - Simply brilliant canopies Quote Share this post Link to post Share on other sites
PhillyKev 0 #9 January 6, 2004 QuoteCertainly; I work 50-70 hours a week and get paid for 40. The primary issue is that they must honor their employment contract. If you are an hourly employee, generally you get paid for each hour you work. Salaried employees generally don't. Actually, legally, as a salaried employee you must be paid your full salary no matter how much you work. Your pay can be reduced for full days absent from work. But if you typically work a 5 day week, and work all 5 days, you must be paid the full amount of your salary for that week. Even if you only show up an hour a day. Of course if you did that, they'd fire you. But they'd still be required to pay you for those days. In this case the scheduled days were worked, so it doesn't matter if it was hourly or salary, they must be paid for it. Quote Share this post Link to post Share on other sites
alcarterra 0 #10 January 6, 2004 I finally got them to review all of my time cards so that "I can show them what time I say I'm owed." I also pulled all my pay stubs since I started working there so that there is no discrepancy. I'm starting to wonder if this is worth it for 80 hours of work... alyson team swooo swooo #2 Quote Share this post Link to post Share on other sites
sdgregory 0 #11 January 6, 2004 unless you make less than 4 dollars an hour then yes it is worth it for 80 hours of work. Especially if you were counting on it. Every penny you earned is worth having. Quote Share this post Link to post Share on other sites
ACMESkydiver 0 #12 January 7, 2004 Write them a letter explaining your complaint in detail then at the bottom carbon copy LawRocket...that'll get their attention!! JUST KIDDING...I wouldn't seriously tell someone to use someone else's name/title/business without their consent. Oh, but you could use my business name if ya wanted to....PM me and I'll send you my business name and address...they won't know what kind of business I have, just that it looks intimidating!~Jaye Do not believe that possibly you can escape the reward of your action. Quote Share this post Link to post Share on other sites
