labor lawAdivision of labor law center

The Oklahoma Labor Board is responsible for every aspect of the workers and employers are the state of Oklahoma. They are responsible for everything from setting the minimum wage standard to helping and handling all unemployment issues for us. Brenda Reneau is our labor commissioner and she is working to the best of her ability to make every aspect of the work environment better for all of us. She helps in the overseeing of everything to creation of possible new labor laws to the enforcement of the current ones. She also does all she can in an effort to maintain and lower our unemployment rate.

In Oklahoma our current unemployment rate is at 3.9% which is down from May’s 4.1%. Both of these numbers are well below the national unemployment level of 4.8% which is only speaking volumes about the Oklahoma Labor Board. Even for those that are unemployed the board is still trying to help you by working to get you back into the workforce and providing assistance until you do so. There are various programs and things that are available to help those that are out of work in Oklahoma.

In Oklahoma a huge concern and focal point of the commissioner is workplace safety. She is not only concerned about our safety, but the safety of those that are around us as well. She has instituted programs that are designed to promote a safe workplace as well as overseeing the OSHA division in the state of Oklahoma. However safety concerns do not only rest with the traditional money earners in the household. There are also many concerns for the minors who are in the workforce as well. There are many laws and regulations that pertain to the well being and safety of our minor workers in our state. And the board is there to help enforce these as well.

Last 10 posts by Kimberly

• Ohio State Mandatory Posters - September 25th, 2006
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1. Posted by: Betty Johnson

   I have questions and need some answers, please.My husband has worked for 25 years for a company as an assembler for digging attachments on large machines. He is a product technician, and is eligible to retire at the end of this month.
   He is going to draw Social Security in June, but he can also work enough to make $1,100 more each month if he chooses. He wanted to work three days a week, for eight hours at the same pay scale as he has worked as a product technician, but the company doesn’t want to let him. He will have to take a $4.00 cut in his hourly pay. Is this legal? He makes about $17.00 an hour but that is a big decrease in pay. Does he have to accept this big a decrease?
   Thank you, Betty Johnson

2. Posted by: Amelia

   Hi Betty!

   This is a tough situation. Unfortunately, the company doesn’t have to offer your husband a part-time job, at all. So yes, they can make the rate of pay different for a part-time worker. For more answers to your questions, please visit our forum at http://www.laborlawtalk.com.

   Thanks, and have a great day! Amelia

3. Posted by: James

   On April 30,2008 I was fired for following my hours of service under DOT regulations. The employer told me I was late for a delivery. I delivered the load and was not late according to techs on site…But my company says they got fined $50,000.00 for me being late and that I was banned from the customer’s yard for being late…They kept two employees that did something really wrong,one was drunk on customer property and banned, but they still kept him. Another dumped 24,000 lbs of sand on customers ground instead of in tank and he was banned by the customer, but he still works for them..I also have not been paid for that last delivery that I made…So since I did not cause any problems on customer property,other than supposingly being late because I was adhereing to strict DOT hours of operation laws it tells me that I was fired for not driving over hours and breaking the law…My last pay was due by May 9th 2008..And they ignore my calls..How can I file a formal complaint against [Company name deleted] of Ada,Oklahoma..?

4. Posted by: Amelia

   Hi James — that’s a tough problem. For a specific answer, please post your question on our HR site, http://www.laborlawtalk.com. And thanks for reading the blogs! Amelia

5. Posted by: chris

   I was recently working for an employer fulltime. The employer told me not to write down any hours over 40 as overtime or comp time. He said auditors where breathing down his back and he was going to get in trouble. But yet the employeer required me to work my five 8 hour shifts each weak then also work 8 xtra hours a day for free, ON CALL STATUS, which was pretty much an every night deal to put in 11-16 hrs and get nothing in return

6. Posted by: Amelia

   Chris, under federal law an employer must pay employees for all time worked. It’s illegal for an employer to tell an employee not to turn in any overtime. The reason he’ll get in trouble is, he’s breaking the law. You should contact the Wage & Hour division of the US Department of Labor. If an employee is on call but permitted to go about his own business, he may not be entitled to payment for that time. However, if he is called in to work, then he is entitled to payment. For complete answers to all your HR questions, post them on our sister site at http://www.laborlawtalk.com. And thanks for reading our blog! Amelia

7. Posted by: Angela

   I am currently experiencing some prejudicial treatment at work. I have worked for this company for 3 years. I transferred to my current location in Oklahoma from Texas. I have never been treated the way that I am being treated hear. My manager has told other employees that he is going to get rid of me and I have gotten write ups when other employees have not for the same thing. I am the only African American that works there and I feel that I am being discriminated against because of the color of my skin. I was recently visited by the companys Loss Prevention Manager and I shared my concerns with him and to me it seemed like it wasn’t a big deal to him. He was too concerned about whether or not me and one of the asst. mangers were in his words “buddy-buddy.” I would really like some advice on what to do here. I can not take too much more and I am very desperate for help.

8. Posted by: Amelia

   Hi Angela! It sounds like you’re having a really hard time at work. Unfortunately, the Loss Prevention Manager is the wrong person to complain to — he is primarily concerned with preventing theft. Most companies have an HR department or a toll-free number where you can report your concerns about discrimination. If not, speak to your boss’s boss or contact the EEOC. For a complete answer to this and all your HR questions, post them on our forum at http://www.laborlawtalk.com. Thanks for reading our blog, and I hope your situation improves! Amelia

9. Posted by: Shaunna

   I have a question I have worked for the same medical practice management group for the past 10 years. I recently was going to quit due to the manager who was over me. When one of my physican groups that I have worked with for the past 10 years found out I was leaving asked the company to try to retain me. I finally was counter offered and accepted the counter offer to stay with this company as long as several things were changed. One being that I did not have to work under the manager that was the only reason that I was leaving. Three other people that did the same type of work as I do have left in the past three months because of this manager. So the manager has actually lost all of her employees in her dept. Now that I am only handling one group the others are being handled by a new girl who has been with us for the last three weeks. They did hire another girl to replace the last person that left but she only lasted about three days this week and she quit. Now the manager is telling the only other girl that she can not converse with me on anything other than questions concerning some of my other groups that she was given to work on. She has only been here three weeks so of course we have to work together. She was also reprimanded for telling me that the other girl was having a hard time with the job. She was told I am no longer part of the dept and I should not have been told anything. Can a manager tell her employee that she can not converse with another employee doing the same job but under another dept with another manager? The old manager is very upset that she has lost control over me and is afraid I may say something to the new employee to make her not want to work for her. I havne’t said anything except to try to get to know the other girl since we have to work together until she gets trained.

10. Posted by: Amelia

    Hi Shaunna! Wow, this is a complex situation. To make sure it gets all the attention it deserves, please post it on our HR forum at http://www.laborlawtalk.com. And, thanks for reading our blogs! Amelia

11. Posted by: Niki

    I have been employed at a local small town restaurant since we moved here in Aug of 06. Unfortunately, due to relocation, the origional owners had to leave the state and sell the business.

    On 1 Jul, a new owner took over. All employees stayed in place, with the exception of two who left on their own. For the last two weeks, I have done everthing that I had done in the last two years.

    On Mon., 21 Jul, approx. 8:45pm (less than 24 hrs before I am to report for my next shift) the owner calls and informs me that he has to move things around, make some changes, and he would call when he needed me. I was given no reason for the dismissal, just a phone call.

    Also, I don’t know if this is your department, or if I need to inform the BBB or Health, Department, but he will not hire males, says he wants to be the only male in the business. He has been seen trying to give a female employee a shoulder rub.

    He has also been seen – more than one time – picking food items off the floor, and rinsing (a rib – for example) the item off, or literally blowing dirt off a hamburger bun, and continuing to serve that food item. He tells the girls to reuse the Ziploc baggies that we premeasure foods in, such as french fries or okra. A cookie was dropped on the floor, he picked it up and put it back on the counter to be wrapped and sold.

    He is very rude to the employees. Even told one of the girls that she needed to spend more time on the softball diamond, or the “hail dents” in her legs would start to accumulate.

    Pay rates are not fair, either. He picks and chooses who he wants to help, and the rest are left at their original salary, even though some have been there a year or two longer than those who are receiving preferential treatment from him.

    I understand that all employers have different ways of operating, but my only issue is wrongful termination. He never approached me beforehand to offer me any options or solutions to any situations. The other issues, I just feel are important for heath issues of the customers and maybe the future mental health of some of my (former) peers/friends.

    Thank you for your time and consideration in this matter. If there is nothing we are able to do about wrongful termination, I understand, but the health issue… And I want to be sure that those who are still there don’t have to hear or see and deal with his prejudices…which may be another issue…

    Thank you again for your time

12. Posted by: Amelia

    Hi Niki! This are complex issues, and we sympathize with your problems. Here are the (very) short answers: 1) Contact your local health department about the food safety issues. As I’m sure you know, this is not acceptable. 2) Contact the EEOC at http://www.eeoc.gov regarding the “softball” comment and shoulder rubs, as well as the owner’s refusal to hire males. This is discrimination/sexual harassment. You don’t have to be personally involved in these incidents to file a complaint. 3) Unfortunately, there is nothing we can do about the termination. Oklahoma employers generally have the right to fire anyone, at any time, without notice and without giving a reason. You can try to contact the OK Department of Labor at http://www.state.ok.us/~okdol/, but most likely they will be unable to help you on this.

    For a complete discussion of all your questions and more detailed answers, please post them on our sister site at http://www.laborlawtalk.com. And thanks for reading the blog! Amelia

13. Posted by: jennifer

    I worked for a gas station in my town and taxes was withheld from my check. But I never filled out any paperwork over being hired or a W2 form. Can a company withhold taxes without the W2 form being completed?

14. Posted by: Amelia

    Hi Jennifer! This is a really interesting question. For a complete answer, please post it on our sister site at http://www.laborlawtalk.com. And, thanks for reading the blog! Amelia

15. Posted by: Shannon

    Hi!

    I started at my current company almost 3 months ago. I went to their “job fair” and applied and was hired on the spot. I signed a “contract” for $10 an hour when I was offered the position.

    I noticed that my pay was not at the $10 an hour agreement but thought it was due to training reasons. When I graduated from training it still did not go up, so I took it to HR.

    I was told that start off for my position is $9.50, I brought up this “contract” and asked the HR assistant to please retrieve it from my file. When she did so she stated that the $10 was scratched out and $9.50 in it’s place. I asked to speak to HR and she told me they were busy. I said I would return the following work day.

    When I returned I was told that they could not change my pay to the agreed amount and that they apologized for the human error. That if I could not work for $9.50 they would understand. I asked then why wasn’t I notified of the change and she said she was not sure (she herself was not employed by my company on my date of hire).

    What, if anything, can I do about this?

16. Posted by: Amelia

    Hi Shannon! This is obviously unethical. The company has the right to change your rate of pay, but you should be informed in advance, before the work is performed. Your best bet is to contact the Oklahoma Department of Labor and lodge a complaint.
    Ideally, you would have a copy of the signed contract with the $10 per hour unchanged. However, even if you do not, the hand-written change should not be legal unless both parties initialed the change…and obviously you did not.
    I would also suggest that you post this problem on our HR forums at http://www.laborlawtalk.com. There are a lot of knowlegable people over there, and they may have other suggestions. Thanks for posting! Amelia

17. Posted by: anonymous

    Not giving breaks when needed and no lunches after 6 hour workday and scheduled to work when suppossed to be off..

18. Posted by: Amelia

    Hi Anon! For a complete discussion of these issues, please post them at our sister wite, http://www.laborlawtalk.com. And, thanks for reading the blogs! Amelia

19. Posted by: anonymous

    What about being harassed at work by other employees and nothing done about it?

20. Posted by: Amelia

    Hi Anon! Obviously this is a bad situation and the best practice in the HR field would be for employers to not permit this type of behavior. If the harassment is based on race, color, religion, sex, age (over 40), national ancestry or disability, then it’s illegal under federal law and can be reported to the EEOC. The employer has an obligation to put a stop to this type of harassment. However, harassment based on other characteristics may be unfair, but it isn’t necessarily illegal.

    For a complete discussion on this important topic, post a question on our sister site at http://www.laborlawtalk.com. Thanks for reading the blogs!~Amelia

21. Posted by: Kuin

    Hello! My brother is working for a construction company. This is his first job and the compnay is not paying employees on time. When they do get paid, its not the right amount. They get paid every Friday, well they are supposed to get paid. He hasnt had a check from them. What can he do to get his pay? Who should I contact about this situation??

22. Posted by: Amelia

    You or your brother could contact the Wage & Hour Division of the US Department of Labor, or the Oklahoma Department of Labor. Employers must pay employees for all time worked.

    We would also suggest that your brother find another job. This type of behavior is very common in employers who are going out of business, or who are having cash flow problems. A job with an employer who can’t pay you is worse than no job. If the employer goes bankrupt, it’s going to be very difficult for employees to collect their wages.

    For a more complete discussion of this complex issue, please post it on our sister site at http://www.laborlawtalk.com. And, thanks for reading the blog!~ Amelia

23. Posted by: Wayne

    I worked as a commision based employee, recently I left the company, on the day commisions where to payed out, they informed me they are keeping half. What or who can I talk to about this?

24. Posted by: Amelia

    Hi Wayne! That’s an excellent question! For a complete answer, please post it on our forum at http://www.laborlawtalk.com. Thanks for reading the blogs!~Amelia

25. Posted by: BARBARA OWINGS, R.N.

    I WAS HIRED AT A RATE OF 35.00HR FOR HOSPICE PER VISIT & 25.00HR PER HOME HEALTH VISIT. I NOTICED A CHANGE IN MY CHECK 6 MO LATER. I QUESTIONED IT & WAS TOLD I WAS MAKING WHAT I SHOULD BUT THE COMPUTER COULD NOT PUT IN BOTH RATES. THIS PAST MO I DISCOVERED THE RATE WAS WRONG. AFTER MUCH INVESTIGATION I WAS TOLD FINANCE DEPT DECIDED I WAS MAKING TOO MUCH MONEY AFTER WORKING 6 MO & REDUCED IT AND STATED I SHOULD HAVE BEEN HOURLY FOR HOSPICE ALL THIS TIME AT 25.00HR. NO NOTIFICATION, NOTHING. THIS IS VERY CONFUSING. IS THIS LEGAL? WHAT CAN I DO?

26. Posted by: Amelia

    Hi Barbara! For a complete answer, you can post your question on our sister site at http://www.laborlawtalk.com. And, you might want to not use all caps. Like shouting, it’s considered rude. HTH, and thanks for reading the blogs!~ Amelia

27. Posted by: Eydie

    When I first came to work for this company I was hired in as a manager at 28.00 an hour. I did not have managerial experience but was told I would be sent to classes to help me and I would be helped by anyone else at the company to help me succeed. After assisting to open the business up, I was demoted to asst. manager and a new manager was brought in with many years experience. I was first told by my director that this person would be my helper/mentor and teach me everything I needed to know and my pay would remain the same. Then I found out she was my boss and my pay was decreased approx. $3.50 an hour. I was more comfortable just being in charge on the floor so after some time I accepted the loss and remained with the company. One year ago my title was taken away by the manager stating the position was no longer needed although I would continue to do the same things just without the title. She said I was not “bitchy enough” and I was “too nice” to be an asst. manager. She also “froze my pay for two years.” She stated she had to do it because now I was an overpaid “Charge”. This means that for 7 years with this company I will be making exactly the same wage I started with. I have “0″ complaints, exceptional evals and have barely missed any work. Then today I find out that new employees have been hired in at the same wage with less experience. The manager was let go from our department and a new manager has posted my position. When asked if I could apply?, She stated that I could but that her director would not let me have the position.What can I do?

28. Posted by: Amelia

    Hi Eydie!! This is a tough situation and we feel your pain. However, nothing the company has done is illegal or even unethical. This answer is probably not what you were hoping to hear, but I’m going to be very frank.

    You were hired by the director as a manager, even though you were not qualified. That was probably a mistake, but it was an understandable one. Giving an unqualified person an opportunity is to the director’s credit. The director erred by optimistically assuming that you would step up to the plate and be functioning in the job soon. When it didn’t work out, many companies would just have fired you. Instead, the director hired a more experienced manager and demoted you to assistant manager, reducing your salary to about $51,000 per year. In some ways you were more comfortable with this.

    I agree the feedback that you “were not bitchy enough” is not specific enough to be helpful. But it is a clue that in some ways you have not met the director’s or manager’s expectations for an assistant manager. You also mention that you’ve had no complaints and hardly ever miss a day…but those are not the criteria that most assistant managers are judged on. Instead, a manager (or assistant manager) is judged on how effective their team is, or how effectively the department (or the business as a whole) operates. This shows you are still thinking like a non-management employee, and that is how you are being treated.

    From the company’s point of view, you have been overpaid for much of the past 5 years, since you were being paid as a manger or assistant manager but not doing the job.

    You have two decision to make here: the direction you want your career to take, and whether or not you want to stay with this company. Not everyone is cut out for management. Be honest with yourself about your personality and goals.

    If you want to move into management, you will have to develop new skills and probably take classes on your own. You will also have to become much tougher about enforcing the rules for the employees you supervise, and coaching them to meet standards.

    If you decide that you want to move into management, you will probably have to look for an assistant manager position with a different company. Before you do so, however, try to get specific feedback from your current manager and director (or even the former manager) on areas where you could improve. Don’t be defensive, but ask open-ended, probing questions to identify specific examples of times when they felt you “were not bitchy enough.” This will help you identify the areas where you did not meet their expectations. This knowledge will be invaluable to you in your future career as a manager.

    On the other hand, you may not even want to be a manager. Some people just have personalities that are not suited to it. You may feel very comfortable focusing on your own performance, instead of supervising other people and being responsible for things you don’t control. In that case, you need to decide if you want to stay with the current company, or switch. If this is the route you take, by all means, send out resumes. You may find a better-paying job elsewhere…or you may decide that you have it pretty good, already. Either way, it will be a valuable experience.

    HTH, and thanks for reading the blogs! ~ Amelia

29. Posted by: eydie

    Thank you so much for responding. After reading my letter today, it does sound like I’m quite the wimp. I guess I should have told you that my job is in a privately owned hospital and I am one of the few original employees left R/T the management. I am a nurse and I am very well liked and other staff do not understand the changes either. ( The director was originally told to hire me by the doctors who started the hospital and she tries to set me up frequently to fail.) She tells everyone what a “great” nurse I am and then undermines my decisions. Everyone wants me as their nurse and I carry a team and act as charge at the same time. Everyone, including other departments come to me for advice. No one else in our department is more qualified but you are right about me now not wanting any part of management because I feel in a loving and nurturing environment, we should have alot more people like myself and not like “them.” I believe the doctors would be upset to know what this director is doing to me but I have been told “not” to talk to the doctors about any of this or I will be “fired.” I do think it is unethical but obviously that is only my opinion because it’s being done to me. Thank you so much for your time and for listening.
    P.S. Know of anyone who needs and respects a “great” nurse? Ha. Ha.

30. Posted by: David Scott

    I am currently off work due to having back surgery. I cannot be allowed back to work unless I have a 100% full return from the doctor. My company has a policy that there is no “light duty” or restricted duty unless it is through workers comp. The problem is that as a supervosor I am still expected to handle situations from home via the telephone. I have spent countless hours dealing with issues from home and feel I should be paid for it. Because of the knowledge of my position I am the only one to contact in certain situations to make crucial decisions. My supervisor has told me that because my position requires me to be on call, that is just how it is! I disagree! Who is right?
    David

31. Posted by: Amelia

    Hi Jenny! That depends upon whether you are genuinely an employee, or are working as an independent contractor. If you are an employee, under the law your boss must pay you at least the minimum wage for each hour worked. And yes, because you are being paid (even if part of your wages is commission) she can determine that you must remain in the salon.

    If you are working as an independent contractor, that would mean that you pay a weekly or monthly fee to use the “chair” in the salon, and you are your own boss. You can come and go as you please, but there is no guarantee that you will average the minimum wage for the time that you work. For a more complete discussion, please post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~Amelia

32. Posted by: Amelia

    Hi David! You are right. The emloyer wants the best of both worlds here — he wants to not pay you, but have you available to handle work situations.

    When you take calls from work to solve problems, you are working. If you are salaried, the employer must pay you for that day. Even if you are on FMLA, you must be paid for the time that you work.

    If your condition is considered a disability under the EEOC definition, then the employer may be required to permit you to work on light duty. Several court cases have upheld this decision.

    If your condition is not a disability under the EEOC definition, you have two choices. A) Stop taking calls from your employer. Just be unavailable when they call. or B) File a complaint with the Wage and Hour Division of the U.S. Department of Labor, because you are not being paid for all the time you are working. Our best guess is that if you stop taking the calls, the employer will suddenly develop a “light duty” assignment for you.
    For more suggestions, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~Amelia

33. Posted by: Amber Walker

    Message: My husband has been employed at his current job for 8 1/2 years. His department recently got a new manager. Since then the manager has seemingly gone out of his way to make things harder, for example changing his hours without notice, changing his position for no reason. When my husband asked why he was being moved, his boss shoved his finger in his face and told him he was never to be questioned about why he did things. It seems as if the manager’s trying to get my husband to get mad and quit. He feels like he’s being harrassed by the boss. It doesn’t appear to be based on race or gender, as they’re the same race and gender. I understand this treatment is most likely not illegal, but what, if any, are the steps to file a complaint and who does he file with? Or is there nothing that can be done?

34. Posted by: Amelia

    Hi Amber! Yes, this is a tough situation. But let me correct one misunderstanding. It is possible for a male to discriminate against one or more male employees, or for a boss to discriminate against employees in his or her own ethnic group. Suppose John is a restaurant manager. He treats the 5 waitresses well, but is rude and condescening to the single male waiter. John may be guilty of discrimination based on sex. The same would be true if John were Asian, and the waiter was Asian, too.

    It is also possible for John to discriminate against only one waiter, when the restaurant employes three.

    If your husband is over 40, it is also possible that this is discrimination based on age.

    If your husband thinks this is discrimination, he can file a complaint with the HR department, or with the EEOC. The company will investigate the supervisors conduct. While they may find that there is no discrimination present, it will clue upper management into this supervisor’s abrasive behavior. Employers are not permitted to retaliate against an employee who files a discrimination complaint in good faith.

    However, if this conduct does not appear to be based on age, ethnic group or sex, this boss could be what we call an equal-opportunity jerk. That’s a supervisor who treats everyone badly. Unfortunately, that’s not against the law, although it is extremely poor management. Your husband could go to HR and discuss the manager’s conduct, just so they are aware of it. But that will probably not solve the problem, and may infuriate the supervisor.

    You are probably correct that the supervisor is trying to get your husband to quit. The new boss may very well feel threatened by your husband. Good managers routinely give employees reasons for thier actions, without the employee having to ask. That’s because most people perform better when they understand not only what they are being asked to do, but why.

    This supervisor’s extreme arrogance and insecurity, and his poor people skills almost ensure his failure. It is only a matter of time before this person’s abrasive manner affects his performance, and he is replaced. So one tactic is simply for your husband to outlast him. Another would be for your husband to begin looking for another job, within the company or outside of it. You can also post your question on our sister site, http://www.laborlawtalk.com, for additional suggestions. HTH,and thanks for reading the blogs!~ Amelia

35. Posted by: Sam Wells

    I have been trying to get a job after being laid off last year from a company I worked with for almost three years. I have had no job offers and have been diligently putting applications in to various temp agencies so I can get on a job and be hired long term.
    Over a year ago I received a deferred sentence on a felony (not convicted), and I spoke with a temp company representative who offerred me a job last week. I was told that she would get back with me. I tried to contact her several times since and this morning she said that I cannot have the job because I was convicted of a felony. Is this legal? I really need a job, and have been fulfilling all of the requirements of the court.

36. Posted by: Amelia

    Hi Sam! Yes, this is legal. First of all, people who are found not guilty do not receive any sentence — deferred or otherwise. So you have been convicted of a felony. (Perhaps you accepted a plea bargain?)
    It is very difficult for convicted felons to find work. Most employers are reluctant to hire them, and if you lie about your status as a felon you can be fired for lying, even 10 years later.
    A few states such as New York and Wisconsin have laws that prohibit discrimination against convicts who have completed their sentences.
    Your best bet is to frankly discuss your conviction in job interviews. Be honest that you made a mistake, and about what you have learned from that experience. (If your convication was for a non-violent crime, say so.)
    You may have better luck looking for a permanent job rather than working as a temp. Small businessess owners are more likely to use their own judgement in hiring (rather than strict company guidelines) so you may be better off applying there. HTH, and thanks for reading the blogs!~ Amelia

37. Posted by: Julie

    My boyfriend and I just recently left the employment of a company voluntarily. I was told when I was hired that the pay period ran from Wednesday to Thursday, and my boyfriend’s check stub actually shows that information. When we called about our final checks. We were told that salaried employs pay runs from Monday to Friday. He left the company on a Friday, and I stayed an addiional 2 days so that I could get a full paycheck. What are our options to get this resolved? Also we were both hired as independent contractors although our job responsibilities required us to perform office responsibilities. I have been told by friends that own the same type of business that this should not have been the case. Julie

38. Posted by: Amelia

    Hi Julie! Your best bet is probably going to be to contact the U.S. Department of Labor, Wage and Hour Division to try to collect your boyfriend’s salary. If the employer wrongly had you classified as an independent contractor when you should have been employees, they would also be the agency to straighten that out. HTH, and thanks for reading the blogs!~Amelia

39. Posted by: jan

    Hi! I was dismissed this week from a Global non-profit. I have been a top producer ever since I started. We have (had??) a new manager in our department that was my former client when we were both working in another industry. She had never been a manager, and boy! Does it show!! She threatens, micromanages, and gets visibly, shaking angry when anyone calls into work sick, and on snow days….Whew!!! Her only real aly in the department is a gay man who absollutely does NOTHING…he was put into an evening supervisor position after I had turned it down 3 times, and he was a warm body, and the only other person with and tenure. He flaunts the fact that we are all on very, very strict warnings and high pressure, and says “I don’t have to worry about anything except sitting here and looking pretty”…well, a couple of weeks ago, I was just fed up with his attitude and lack of any productive work (He spent most of his time decorating the office for every holiday imagineable…hours, days weeks doing this) and each time one of us would ask him to assign a new list, as we he “wrapped” what we’d been assigned by the Day lead who did the work of them both, he would not answer…over time, it was clear that he’d heard us, but just didn’t answer…
    He talked about Gay sex, getting drunk and how he fixed his hair and what mascara he used when going to the clubs. One night he had another employee help him do his taxes for the whole shift, and we were all fed up. I reported all of this to the dept. supervisor, and she called him in and told him all that I’d said, and rather than wisely being professional and addressing the complaints with him, she told him all of these things were bothering only me….well, after he had a panick attack and had to breathe into a bag, and cried in her office (with her patting and soothing him) most of the day, he was out for revenge…on me…so when I touched him in the ribside with my fingertip and said “Hey there”…and later telling him about a news article on mens shapewear I’d seen in the paper (he’s not fat, but complains constantly about that and many, many other things) He went to the main supervisor and said I’d made an”Inappropriate touch” and “Inappropriate comments”…she called HR, and I was fired!!!! It’s crazy!!! I was such a good employee for them too! (Even came in on slick streets)..I’m worried now that they will fight my unemployment claim as I’ve heard they tend to do, and especially worried about the spurious label and reason they said they were firing me…This was revenge pure and simple, and now I’m worried to death about paying my bills and how I will answer…”Why did you leave your last job?”…some companys will not even talk to you if you’ve been fired…I’m just sick…what might I do? Help!!??

40. Posted by: Amelia

    Hi Jan! It sounds like that was a bad situation and it is good that you are out of it, even though being unemployed is tough.
    It seems the inexperienced manager was okay with the evening shift supervisor doing little or no work, because he fulfilled one critical need for her — he worked the shift that no one else wanted. This is a problem in many places of employment, but other employee’s performance is none of your business, unless you are their supervisor. In this case, you would perhaps have been better off ignoring his performance problems and focusing on your own work.
    Unfortuantely, if a coworker complains of unwanted touch, and you did in fact touch them, there is little defense against that. It is not common in the workpace for employees to touch each other on the side or elsewhere in greeting.
    If the employer denies unemployment, you should appeal it.
    According to career coaches, being fired is much less of a stigma than you might think. Most employees are fired at some point in their career, and HR pros realize there are two sides to every issue. If you are asked why you are no longer at that job, you should simply say, “It wasn’t a good fit” or “There was a misunderstanding.” If you are asked to elaborate, simply explain that a coworker was not doing his work, and when you pointed that out, he took revenge against you. Your tone should be matter-of-fact. In this matter, the more you protest your innocence, the more guilty you sound. The good news is that many employers will assume you are unemployed due to the economy, not due to sexual harassment. HTH, and thanks for reading the blogs!~ Amelia

41. Posted by: jan

    I received my final paycheck after being fired, and it is short one day of pay…the HR dept. will not answer either my calls regarding this or my emails, although they have instructed all the employees there to not speak to me, and told me to only contact them….What can I do about this?

42. Posted by: Amelia

    Hi Jan! Contact the Wage and Hour Unit of the Oklahoma Department of Labor at ok.gov/odol/Wage_and_Hour/ and file a complaint. They will investigate the complaint, and force the employer to pay you. There is no charge for this service. If you leave a message with HR that you have contacted Wage and Hour, that might also encourage them to call you back. HTH, and thanks for reading the blogs!~ Amelia

43. Posted by: Karla

    I worked for a company for almost 4 years during that time i have went thro hell, being yelled at moved from office to office, written up for things that i have not done, they have been trying to push me out for some time…I tried to go thro the ranks and everything i did was pushed aside as it is you we dont see a prob. with this issue or that, 4 months ago I went to my supervisor and told her I would be starting school at the end of March and if I could go to part time, she said that would not be a problem, as of that daymore and more harrasment and rude behavor had doubled…. finally 2 weeks ago i was given a paper that said harrasment form to file a complaint aganst my supervisor, but i would have to get it back with in a week, I turned in the form and on friday of last week I went to my supervisor and told her that school was starting and if I could still go part time , she said that was not prob that we would talk about it later on the hrs….later that day i was told to go to a managers office, I was asked where the form for the harrasment was I told them I turned it in….He stated that they never recieved it, and that they needed it now, I said that I had a copy at home and I could go home, wich is only 5 blocks from where I worked, He stated NO we need it right now this second, I again asked can I run home and get it , It would only take 5 min…NO we want it right now. I told him I had turned it in and it was now gone…He asked me to sign off on the complant and it would no longer be a issue I told him NO and he said you are not leaving until we get a signed form or fill out the form with the info off the top of my head, I put on the form that I had turned in the complaint but it was gone…..than they stated that I could not go to part time that I had to quit school and work.I went down stairs and called a friend and was explaining how they again messed with me and my supervisor came to me and said you need to clock out and go home for the day, my friend over heard this and so I clocked out and went home……I called in late on Monday to get school issues resolved and I got a call from my mother who took gave me a message from my work….she stated that Rob called and left you a message with me, I asked what the message was and she stated that he said you no longer work for [employer name deleted]……..I them called and rob said that i walked out on my job, told him that I was told to go home and he said that is not what your supervisor said, I told him I had a witness that heard her and he said no ….you no longer work for [employer name deleted]…and they said I had to wait for 2 weeks for my paycheck….please tell me what I can do , this company has bullied employees and fired them, and got them to quit when they no longer like you or you start to stand up for yourself….thank you for your time ./
    God Bless
    Karla

44. Posted by: Amelia

    Hi Karla! You are right that this is a very poorly managed company. This is not how a professional handles HR, even if they believe that the employee is a problem. There are really two separate issues here: you going to part-time, and the complaint against your supervisor.
    The employer is under no obligation to switch you from full-time to part-time work. Even if the supvervisor said that he would, he can change his mind. So the company can let you go, just because you can no longer work full-time.
    However, you may have a valid harassment or discrimination case against the employer. The employer has handled the whole complaint situation very poorly. They obviously “lost” the complaint form on purpose, and tried to hold you against your will to sign the release (which may have been a violation of law.) At the very least, you should file a complaint with the local police due to being told you couldn’t leave the office unless you signed the release.
    Normally, a company doesn’t fight this hard against a complaint unless they think it has some merit. (And even then, it is not a best practice to act in this way.) Which suggests to us that you have a fairly good case.
    It appears that the company will try to fight any unemployment claim by saying that you walked off the job, your supervisor did not send you home. Fortunately, you do have a witness.
    We have several suggestions. First, you should file for unemployment, saying that the company fired you because you tried to file a complaint. You should immediately contact your friend and have her hand-write a statement that she overheard the supervisor send you home, and sign it. The company will probably deny your unemployment, and you will need to appeal it. With your friend’s statement, you’ll probably win the appeal.
    Second, you should sit down and write out (for your own records) in detail every incident related to this complaint. Put down each date (or approx. date if you can’t remember for sure) and all the particulars. Also save the copy of the complaint that you have at home, and write down the events in your post, in more detail.
    Contact the EEOC at eeoc.gov and tell them you were terminated due to reporting the harassment or discrimination by your supervisor. This type of retaliation is illegal, even if the complaint was later found to have no merit.
    The company will probably claim that you never turned in a complaint. Fortunately, you have a copy of the complaint and can demonstrate that you did. Meanwhile, begin actively looking for another job. Even if you win this round, you don’t want to be working for that company for long. Feel free to post any additional questions that you might have. HTH, and thanks for reading the blogs!~ Amelia

45. Posted by: judy

    my husband works for a company who off last week, did not have any info on cobra insurance, no forms to sign, etc. now we are told they have 10 days for us to get the papers. they claim we are covered. are we? we have nothing to sign yet. also, this company has a history of not paying for any overtime for salaried employees, which i understand, but they also give no comp time for any overtime worked. is this legal?

46. Posted by: judy

    a follow up on my message. it was meant to say he was laid off last week. the salaried employees were told if they had over hours they put in, they had to use it within the same week they had work if they wanted comp time. this was impossible for most, since they travelled until friday each week. is this legal?

47. Posted by: Amelia

    Hi Judy! Yes, the insurance plan administrator has 14 days to send COBRA notification papers to the former employee. The former employee then has 60 days to decide whether they want COBRA, and another 45 days after that decision, to pay the first premium. The employee’s insurance card is normally still valid until the end of the month. However, if the employee incurs charges that the insurance company will not pay, the employee is responsible for paying them. Check out our recent articles on COBRA Subsidy and COBRA Premium Reduction. Your husband may qualify for a 65% reduction on his COBRA premium. HTH, and thanks for reading the blogs!~ Amelia

48. Posted by: Amelia

    Hi again, Judy! Yes, this is legal. There is no requirement that salaried exempt employees be given comp time or time off when they work overtime, ever. Nor are exempt employees ever entitled to overtime. If your husband genuinely fit one of the 5 classifications for exempt employees, this was entirely legal and even generous. HTH, and thanks for reading the blogs!~ Amelia

49. Posted by: Russ Smith

    I work for a company where I am subcontracted out to different customers and I report time in a time tracking system to make note of which project I am on. This also serves as my time record in which I get paid. Sometimes across the company we forget to get all the hours in by the end of the pay period. Now this is a somewhat minor issue with the accounting dept because they run profit reports at the end of the month as well as send out invoices to the customers. My supervisors supervisor send him an email mandating that anyone late turning in their hours will receive a mandatory 10% cut in their paycheck!!!! for that pay period. Now this sounds really illegal to me. I wonder who would get/be entitled to my money then? Would they give it back to the customer? Keep it as extra profit for the company? My question is do I have to wait until they take my earned money or should I let someone higher up in the company know about it?

50. Posted by: Amelia

    Hi Russ! This is a problem for many companies. It is not a “minor” issue for the accounting department — it is a major issue and that is why it is being addressed this way. The solution here is for all of the employees to consistently complete their time tracking. That is a very simple, reasonable request. When an employee does not complete his or her time tracking, the employer’s business records are inaccurate and they may never get paid for that time by the client.
    Under Oklahoma law, the employer may be able to deduct 10% of the employee’s salary as a disciplinary action, but only if employees have given their written permission ahead of time. Otherwise, this deduction is probably illegal. (We are assuming that you are actually an employee, and not an independent contractor.) If the deduction were legal, the company would keep the fine.
    Since apparently you have not signed an authorization for this deduction, you are right that it is probably illegal. You should mention this concern in a non-threatening way to your immediate supervisor. Ideally, she would discuss it with her supervisor or HR. If not, you may want to just mention your concern to the HR department or someone higher up in the company. (Making this a confrontation is almost guaranteed to backfire.) If the deduction actually occurs, you could contact the Oklahoma or federal department of labor. Or, you could just turn in your time sheets on time. HTH, and thanks for reading the blogs!~ Amelia

51. Posted by: varea

    hi i worked at a daycare till two weeks ago, i was fired for telling dhs the truth about issues that were happening there. the next day was payday but i still havent recieved my pay its been 12 days two weeks so what can i do??????????????

52. Posted by: Amelia

    Hi Varea! Contact both the Oklahoma Department of Labor and the Wage and Hour Division of the U.S. Department of Labor about your past due wages. You should also discuss your termination with both of them. It is usually illegal to retaliate against an employee who reports violations of the law to the company or to government agencies, under the whistleblower law. HTH, and thanks for reading the blogs!~ Amelia

53. Posted by: Eileen

    Hi, Amelia.

    I’m posting a question for a friend who doesn’t blog. I think his situation is very similiar to Chris’. His question is can an employer insist you work over 8 hours a day if an hourly employee doesn’t want to work the (paid) overtime.

    Thanks!

54. Posted by: Amelia

    Hi Eileen! Yes. In every state, including Oklahoma, an employer can make overtime mandatory. The employer can discipline or terminate any employee who does not work the extra hours. There is no limit to the length of the shift an employee can be required to work. And unfortunately, the employee need not give the employee any notice that overtime will be required. However, when the employee works more than 40 hours in the payroll period, the employee must be paid overtime under federal law. Under both federal and state law, the employee is entitled to payment for every hour that he works.

    Chris’s situation involved being on call, which is often not work time under the law. If that is the case for your friend, post a more detailed question. HTH, and thanks for reading the blogs!~ Amelia

55. Posted by: Heather

    My mother works for this company who has been slowly but surely, I believe, going out of business. They have changed hands at least 3 times in the 2 years she has been working there. Recently they were told that they were all getting a pay cut. The drivers took the hardest hit. My mother was losing 56 cents per hour. They just recently cut her pay along with the other dispatchers at this trucking company another 5% without any notification though they notified them the first time. I was wondering if this was legal and how???? Also all the employees were notified that their insurance was going to be changed to a different plan. How is that legal because when you sign up for insurance yourself you cannot change it again until the next year.

56. Posted by: Ashley

    Hi, I was needing some Help.
    I was Working For a company sense May of this year and was recently terminated, Upon hiring me i was told that employee’s make 3% of each sale they make. I Was terminated July 1st 2009. (Wednesday) I worked the full month of June, I was told to get my check today. I went in got my check and upon opening my check i Noticed My Monthly End of the month bonus was not on there. I was told Sense i was not an employee Now that i would not recieve my Monthly Bonus, I was Clocked in on Wednesday July 1st 2009 When i was Let Go. Shouldn’t I get the Money i earned in that Month of June that I worked so hard for? PLEASE HELP!!!!

57. Posted by: Amelia

    Hi Ashley! Wish we could help, but we can’t offer much support.
    Employers set the rules for paying commissions and bonuses in the workplace. Many, many employers have the rule that if you are no longer an employee on the day you receive your paycheck, you will not be paid bonuses or commissions. (Yes, this means that basically the employer gets to keep the last month’s commission on each employee.)
    If you have a commission agreement in writing that says something else, you can take the employer to small claims court. But 90% of the time, the commission agreement is not going to pay an ex-employee. HTH, and thanks for reading the blogs!~ Amelia

58. Posted by: jane smith

    Please forward to appropiate department:

    My friend works for [employer name deleted] services in Woodward OK. Recently they have undergone some major changes but one, in paticular, has us concerned. The owner has decided that from now on the employees will arrive at their shop(in Woodward), get in a COMPANY vehicle together, and drive to Waynoka (about 45 miles) where they will finally clock in for the day. Then, they will work 12-14 hours (CDL drivers), return to Waynoka, get in a COMPANY vehicle, clock out, and return to the yard in Woodward. Is this legal? My friend is worried about complaining because they were told that if they didn’t like it they could leave. And, as we all know, in these tough times it is essential to keep your job. Several of the men that work there have a problem with this but no one will speak up until they know if it is legal or not.

59. Posted by: Amelia

    Hi jane! No, this is probably not legal. If all the employees are required to ride in the company vehicle from Woodward to Waynoke, then they should clock in at Woodward and be paid for the travel time. (If they were permitted to take their own vehicles to Waynoke, the employer would not be obligated to pay them.) Unfortuantely, this website does not have investigative powers. Your friend needs to file a wage complaint with the US Department of Labor at http://www.dol.gov. It is illegal for the employer to retaliate against a worker who files a wage complaint. HTH, and thanks for reading the blogs!~ Caitlin

60. Posted by: Meranda

    I previously worked for a company who emailed me a contract for 6 months at $2,200 a month plus 20% commision. I worked there a month and my second paycheck bounced. I have the insufficient funds check as well as a letter my employer wrote to my bank because it caused me insufficient fund fees, he stated that it was a mistake on his behalf and to please be lenient with me. He did pay me. The next week though he pulled me in his office and told me he couldn’t afford to pay me anymore. He said “Its like this, the ship is sinking and I can either keep you on and go down or throw you overboard and try to save the company and that’s what I’m doing.” I got back on my unemployment and now they are denying it because he said I voluntarily quit. I did not quit! I faxed the unemployment the copy of the bounced check and the paper he wrote my bank and they still denied me because he replied that he offered me a lower base salery and higher commision. He offered me no salary! They believed him, I cant believe this. This man’s company is going down and he is very vindictive, trying to take everyone down with him. I have appealed this and we are suppose to have a conference and I’m scared that they are going to believe him even with the proof of the bounced check. I did not quit and this is not fair! He wants to ruin me and my credit. What can I do? Please help!!!!

61. Posted by: Amelia

    Hi Meranda! The best thing to do is to stay calm and simply tell the appeal judge the truth. Hopefully, they will believe you and not the employer. In most states, even if you were offered a lower-paying job, you would not have to accept it. You could still collect unemployment if your salary (or duties) were significantly reduced, and you quit rather than work under the new conditions. And normally when an employee quits because the emplyer is not paying them on time (which is what issuing an NSF check is) then the employee can collect unemployment. However, it sounds like you did neither of those things…you were laid off.
    Just tell the appeals judge exactly what the employer said about the sinking ship.
    It’s good that you have the bounced check. It does show that he was having financial difficulties, and could not pay you. However, be aware that it doesn’t really prove whether you quit or were fired. Some employers do issue NSF checks without laying the employee off. Nevertheless, we have faith that the truth will prevail. HTH, and thanks for reading the blogs!~Amelia

62. Posted by: gary eckhardt

    i have worked at a company for a year and a half as a maintnece man with free apartment and a 1000 every 2 weeks. on the 14th they fired me and gave me 480 of the 1000 and told me to leave the apartment in 7 days, i did nothing wrong for them to do this. what do i do?

63. Posted by: Amelia

    Hi gary! Um, look for another place to live? And another job?
    Most US states are “employment at will” states. That means the employer can terminate any employee, at any time, for any reason or without any reason, with or without notice. (It also means the employee can quit anytime, with or without notice.) In this case, the employer has exercised that option. They decided to let you go. (If you have a written lease or contract, it may give you longer to get out of the apartment. However, it won’t give you a job back.)
    No job is ever guaranteed to last a lifetime. When an employer also provides an apartment, the drawback is that when you lose your job, you also lose your apartment.
    If you believe you have not been paid for all the time you worked, post another question. HTH, and thanks for reading the blogs!~ Amelia

64. Posted by: quincy

    i went to work Monday morning and the owner came up to me and started calling me every cuss word in the book, he was calling me a mf’er, a** hole, and several others i prefer to not type. he then fired me and told me i almost killed him. i guess over the weekend he was burning brush and caught him self on fire. i wasn’t there at the time, but i was there earlier in the day and went and filled a gas can up with gas. he claims he told me to get diesel gas, but he is wrong. even the receipt i brought back said unleaded gas on it. he threatened to kick my ass and making me hurt like he is. do i have any recourse? i was only there for 3 weeks. and he asked me to relocate and said he would help pay for it, so i moved last weekend and paid over 1,000 dollars to do so, and he never paid me anything. now i have no job and a daughter to support by myself.

65. Posted by: Amelia

    Hi Quincy! This is a tough situation and you have our empathy. Frankly, it sounds like a miscommunication. The owner wanted diesel gas, but simply asked you for “gas.” And now he doesn’t want to acknowledge his mistake or share the blame.
    Unfortunately, it’s going to be hard to force him to make good on his promises of paying for relocation expenses, especially if they are not in writing.
    However, by threatening you, the owner has committed a crime. Our suggestion is that you contact the police about his threats to your personal safety. You may also want to request a restraining order. (It may be that he will see his way clear to reimburse you for moving expenses if you drop those charges.)
    Otherwise, you could hire a lawyer to try to collect on the employer’s promises, but frankly, it doesn’t look good. HTH, and thanks for reading the blogs!~ Amelia

66. Posted by: quincy

    so its not a wrongful termination? i think im still owed wages for work i did too. don’t know if i’ll receive it either. don’t really want to go up there to find out. or call him. i was told by my dad that he couldn’t cuss me out like that and call me offensive names and threaten me like that, and i should contact the ok. labor board. what about unemployment, since i was only there 3 weeks?

67. Posted by: DIANE SKINNER

    i work for a at small store the cash registers are comming up short now thay say we have to pay them back what were short is this true

68. Posted by: Amelia

    Hi Diane! Unless you have voluntarily signed a statement authorizing the store to do so, they can’t make any deductions for shortages from your paycheck.
    They can request that if the drawer is short, you pay the money back. You can refuse — but you can also be terminated for inaccurate cash handling. This would be reasonable, if you are the only person who has access to that cash drawer, and you count the drawer before the shift starts and after it ends.
    If more than one person is using the same cash drawer, then it is not reasonable for the employer to expect you to pay back any shortages. HTH, and thanks for reading the blogs!~ Amelia

69. Posted by: fed up

    i work for a man who owns 3 companies, one of which i work for. i was hired over 2 and a half yrs ago and have never recieved any promised raises, bonuses or anything. ive stuck w this job and put in more than my dues over the years, yet i make less than ANYONE in the company, including new employees. i was told this past month the company is having issues and we need to be willing to work overtime (and alot of it) for free or off clock in order to keep our jobs. i have, so far, stood my ground and worked as little for free as i could manage. there are other ppl in the company though that are working 13-18 hr days for free. he is not paying or compensating anyone for anything. he simply sees this as us “doing our part to keep the company going.” my problem is working for free. i have kept my mouth closed and worked for the same amount for almost 3 yrs now, i put in my dues and have been very loyal to this company. and i know for fact one of the reasons i am at the same payrate i have been has to do with the fact that i am an openly gay female. this may sound absurd, but this man is used to getting what he wants from who he wants it from and i know some past girls in the company as well as some of the current ones, who are not gay, get paid better than i do For “That” reason. beyond all of that, i know he cant make any of us work like he has for free and i am fed up!! who can i contact to report this?
    i know, for a fact, this owner already has an investigation pending on him from a former employeer and we were told at one point the labor board may interview us and from the way he spoke, he is expecting us to lie about things. i am NOT going to lie for this man or for this company. i have heard more than my fair share of racial comments, lies, verbal abuse to employees as well as sexual comments and even un-reported acts of sexual harassment. i feel at a loss. i have put in alot here, but i am not willing to let someone take advantage of me as he thinks i should. can you please direct me to who i need to speak with to at least make sure this pending invesitgation really gets looked at and we really get interviewed?
    thank you so much

70. Posted by: Amelia

    Hi fed up! Obviously, you have had enough of this situation for a variety of reasons.
    Under both Oklahoma and federal law, employees are entitled to payment for every hour that they work. Your best bet is to file a wage complaint with the Oklahoma Department of Labor at ok.gov/odol for unpaid wages.
    Oklahoma does not have an overtime law at the state level, so you should also file a wage claim for unpaid overtime with the US Department of Labor at http://www.dol.gov.
    Note that in both cases, you have to actually work and not be paid for it, before they can help you. Simply being asked to work for free, and declining, is not a basis for a claim.
    A number of states have anti-discrimination laws that make it illegal to pay someone less, just because they are gay. Oklahoma does not. Nor is this currently covered under any federal law.
    It is illegal to discriminate based on race, under both federal and Oklahoma law. You can file a complaint with the even if you are not the target of these comments. File a complaint at ok.gov/ohrc.
    Sexual harassment is also illegal under both Oklahoma and federal law. If you are being harassed, you need to let the employer know. If he does not put a stop to it, then you should report that to the EEOC at http://www.eeoc.gov and to the Oklahoma Human Rights Commission at ok.gov/ohrc. HTH, and thanks for reading the blogs!~ Amelia

71. Posted by: Jacob

    I work in a nusing home in the deitary department, after we’ve been on the colck for 6hours or so, 30mins is automadicly deducted from our hours. they say its taken out for lunch break, however we are never given a break. what do i do. ive spoken with my boss but she wont add the time back on. is this leagl? i need help and i want my lost time back in cash!

72. Posted by: Rebecca

    My husband worked for Oklahoma State as a corrections officer. Prior to his hire, he produced documents for the state proving that he has a VA disability. After working for the state for approximately 2 months, he was required to attend an Academy. Part of this academy included a self defense curriculum. The instructor “punished” the class for any failure to learn the self defense moves with extra running, jumping, push-ups with someone lying across their back, etc. Because of this “extra” strenuous activity, my husband reinjured his legs. He was told that worker’s compensation would not cover the injury because it was pre-existing and that he must either resign or be fired for failure to complete the academy. What are his legal rights in respect to the employment laws?

73. Posted by: Amelia

    Hi Rebecca! Well, this is a big mess and your husband should consult an attorney who specializes in workers’ comp and/or ADA.
    Under federal law, an employer must grant reasonable accommodations to an employee with a disability under ADA, as long as the employee can complete the essential functions of his or her job, with the accommodation. However, it is up to the employee to request the accommodations — not up to the employer to volunteer them. (This is partly because the employee knows what his or her limits are — the employer does not.)
    The fact that your husband was collecting a disability pension from the VA really does not tell the employer what accommodation he needs. Some people with pensions do not fit the ADA definition of disabled. Even if your husband had specifically requested an accommodation, such as not doing push-ups or not running, it is possible that the employer would have claimed that being physically fit (running) or completing the academy were essential functions of the job. After all, there is a valid business reason why a corrections officer would need to run after inmates or be physically fit.
    At this point, your husband should request additional time to complete the academy as a reasonable accommodation under ADA for his permanent disability.
    If he returns to the Academy, he should also request that he be “punished” by having to write papers or another disciplinary action, rather than do push-ups or run. (But the employer will probably fight this. Frankly, corrections officers need to be very physically fit, and it is not reasonable for the employer to employ someone who cannot meet these requirements.)
    The “pre-existing condition” will probably have to be sorted out in court. If your husband was entirely recovered from his injury, then it may not be reasonable for the employer to consider it a pre-existing condition. But it may have to be one or the other. If he was disabled, then he had a pre-existing condition not covered by workers comp. If he was fully recovered, then he was not entitled to an accommodation under ADA, but is entitled to workers comp.
    Frankly, this job does not sound like a good fit for someone with your husband’s physical limitations – but consulting an attorney may at least get his injuries covered by workers’ comp. HTH, and thanks for reading the blogs!~ Amelia

74. Posted by: Eileen

    Your advice was helpful on my previous post for a friend, so now I hope you can advise my sister. She has worked for well-known OK-based craft/hobby/home store for over 10 years. She has always been recognized as a hard worker, good employee, etc., and has even gone on company trips to help set up new stores in other states. A year ago, she fell off a ladder at work and sustained injuries that kept her off work for approx 4 months, during which time she drew workmen’s comp. She had outpatient surgery and physical therapy and was allowed to return to work with some restrictions. She had a lawyer for the WC action, but I’m not sure the lawyer acted in my sister’s best interests, as the lawyer’s mother is an employee of the same company.

    Since her return to work, her manager has harassed her with comments, restrictions (not imposed on other employees), and written reprimands, evidently attempting to get her mad and/or upset enough to quit. What is her best course of action?

    Thanks for your help!!

75. Posted by: Amelia

    Hi Eileen! Glad we could help! It may be that your sister is the target of retaliation for filing a workers’ comp claim. She should keep a written record of the date and time of each event with her boss, as well as listing the names of any witnesses. She could then consult an attorney about filing a suit, or she could file a complaint with the proper state agency. HTH, and thanks for reading the blogs!~ Amelia

76. Posted by: Josh

    My company, with which I’ve worked for over 11-years, has eliminated my job role, but is generously moving me over to a new role. However, they are telling me that, unlike other workers with a similar role, they are not allowing me travel time – just mileage. Others are getting both travel time and mileage. Is that their perogative? Many thanks!

77. Posted by: Amelia

    Hi Josh! No, this is probably not legal. There are two issues here: minimum wage, and discrimination.
    First, the federal regulations about what is and is not paid travel time are pretty clear. Under the FLSA, much travel time must be considered work time. See the e-Laws Advisor link below to determine if the time you spend driving must be paid time.
    Second, when the employer treats two employees differently, the result can be illegal discrimination, even if that is not the employer’s intent. So if employees in the same position are being paid for travel time, and they are of a different race, color, sex, age (between 40 and 70), etc. then you may have a good case for illegal discrimination.
    However, we will say this. You are correct that the company does not have to create a new position for you. They could just terminate you. Theoretically, the employer cannot legally retaliate against you for filing a wage complaint with the U.S. Department of Labor, or a discrimination complaint with the EEOC. However, we would urge you to proceed with caution. You have 2 years to file a wage complaint, so you might want to wait a year or so before persuing this. You have 6 months to file a discrimination complaint, and this should be covered under the Ledbetter Act, so every paycheck is a new act of discrimination. Again, we would recommend that you not file a complaint for a year or so. HTH, and thanks for reading the blogs!~ Amelia

    Read more about this at: http://www.dol.gov/elaws/esa/flsa/hoursworked/default.asp

78. Posted by: Rosalette Corwin

    My husband was working for [employer name deleted], a trucking company. When there gas cards were shut off we had to put gas in the truck with are own money to get him home. Since than he has not gotten payed for the work that he did. Now I know that the employer has yet to file bankruptcy. So they still own the money for the work my husband did. Still we would also like to get refund for the money we put into gas. In short we would like to receive loss wages and refund for the money we put into gas to get him home. If there is any way we can achieve this please let me know.

79. Posted by: Amelia

    Hi Rosalette! You should immediately file a wage complaint with the U.S. Department of Labor or the Oklahoma Department of Labor, for the wages your husband is due. Unfortunately, under some types of bankruptcy, employees never receive their wages, or receive only a portion of wages due. Obviously, your husband should not do any more work for this employer, and he should file for unemployment benefits. (Nonpayment is considered a good reason for quitting.)
    It is going to be harder for you to recover the monies that you paid out for gas. You can take the employer to small claims court, where no attorney is needed. But again, you need to act as quickly as possible. HTH, and thanks for reading the blogs!~ Amelia

80. Posted by: Johnathan

    My wife has worked for this company for 2 yrs, the same store differnt owners for 6yrs. she has been having problems with her hands,she has went to doctors for this for about 6mos, all the time letting her area manager know what was going on. she has been on light duty this whole time, but still ended up working her 45 hrs week. then about a month ago she told area manager and owner she had carpel tunnel required sugery. then very next day the told her she is no longer a manageer since she is on light duty. they cut her from 45hrs a week to 9 hrs a week. they refuse to talk with her, they have had three managers in this time come and go from the store. they took manager job which is doing paper work deposit ect, to letting her work 3 hrs on regesiter. while she works 45hrs a week salary she gets a salary wage but if she drops to under 45 hrs a week they pay her by the hour. she had weekly meeting driving 120 miles round trip but had to pay her own gas but if didnt attend and dropped under 45hr she didnt recive salary. she had to work xtra hours if store was closed for holiday to make up her 45hrs, or was dropped to hr wages, she recived no sick pay. now being refused workman comp, she signed up for partical unemployment denied for it what can she do? Johnatahn

81. Posted by: Amelia

    Hi Johnathan! There are several issues, and we wish we could provide more help.

    Unfortunately, the problem is that your wife cannot do the manager’s job — it aggravates her carpel tunnel, or the employer is afraid it will aggravate her carpel tunnel. (And if she is working on a computer, that is a valid concern.) There is no law that an employer must create a “light duty” job if none is available. Nor is there any law that they must allow the employee to work full-time if they only have “light duty” available part-time.

    “Light duty” is a term that can cover a lot of ground. It would be beneficial for the doctor to specify which duties your wife can and cannot perform. If she is genuinely unable to perform the manager’s duties, then the employer is acting appropriately. However, if the doctor says your wife cannot do any heavy lifting, and the manager’s job does not require any heavy lifting, then the employer is unfairly retaliating against your wife for filing a workers’ comp claim. (Just so you know, employers hate workers with carpel tunnel. It is an expensive condition to treat, often results in workers’ comp claims, can be impossible to prove, and can persist for years. That doesn’t excuse the way this employer is acting, but it is something that you should keep in mind.)

    The doctor should have an opinion on whether or not your wife’s carpal tunnel is work-related (and many times it is — carpal tunnel is caused by repeating the same motions over and over, which describes many jobs.) If you or the doctor believes that the carpal tunnel is work related, you should file an appeal of the workers’ comp denial. If that is not successful, try to find a personal injury lawyer who will take the case, preferably without you paying a lot of money up front.

    If the employer is covered under the federal FLSA or Fair Labor Standards Act, your wife may have a valid wage claim as an exempt employee. Exempt employees are entitled to their full salary every week, whether they work 45 hours per week or not. She could file a claim here: http://www.dol.gov . If the employer is not covered by the federal FLSA, she can try to file a wage complaint with the Oklahoma Department of Labor, for every week in which she was healthy and was paid less than her full salary. She may also be entitled to travel time for the meeting that was 120 miles away.

    However, once your wife went on “light duty” that situation changed. Under ADA, the Americans with Disabilities Act, the employer must make accommodations for a disabled employee including time off, but that time off may be unpaid. So the employer is handling this appropriately. When she works the full 45-hour work week, she is paid her full salary. When she works less as an accommodation for her disability, her pay is prorated based on the number of hours worked.

    Your wife apparently does not qualify for unemployment because they have ruled that she is unable to work. She should appeal that decision. In many cases, the employee can be unable to perform a certain job, but able to perform other jobs, actively looking for work, and therefore entitled to unemployment. If she is able to work a cash register, she could look for a full-time cashier position. Just a word to the wise — your wife should not tell interviewers that she has carpel tunnel. There is time enough for that, if necessary, after she is hired. HTH, and thanks for reading the blogs!~ Amelia

    Contact the Oklahoma Workers’ Compensation Court at: http://www.owcc.state.ok.us/

    Contact the Oklahoma Department of Labor at: http://www.ok.gov/odol/Wage_and_Hour/index.html

82. Posted by: Cassandra

    I desperately need help! I need to know if anything can be done about my situation. I recently found a check dated 8/14/2009 and on the check it said “Void after 180 days”. It still hadn’t been 180 days so I called the payroll department with my company to verify the validity of the check. I talked to a woman that checked on her computer and said, “Yes, I don’t see why you couldn’t cash it. It sounds good to me.” My husband and I then deposited the check after we got the okay from payroll. Five days after we had deposited the check we discovered we were suddenly (910.00)! The checked that was verified as valid had been returned. After several calls to the same woman in payroll, and several comments made by her saying, “Yes the check is good. I don’t know why it’s been returned.”, the woman then said, “I’m sorry, the check is not good.” She explained to me that back in August they cancelled that batch of checks due to some error and then hand-delivered new checks. I realize that I had been compensated for my time worked. However, due to payroll’s error of telling me the check was still valid our bank statement shows we owe 300.00 in overdraft fees. Is there any way I can be compensated for payroll’s error? Thank you for your help.

83. Posted by: Amelia

    Hi Cassandra! This is not really a question of employment law, but we’ll address it anyway.

    You could take the company to small claims court to try to recover the $300 in overdraft fees. We say “try” because you knew that you were not entitled to this money. So…you thought you were just going to scam the company out of $910? Or, you hoped that you were being paid a retroactive bonus? You were also under no obligation to spend the money before it had cleared the bank…especially since you knew you were not entitled to the money, anyway. But it is possible that if you take it to small claims court, the judge will see it your way. HTH, and thanks for reading the blogs!~ Amelia
    P.S. We are not attornies and this is not legal advice.

84. Posted by: Cassandra

    No, I wasn’t trying to scam the company. I was actually unsure of the validity of the check, which is WHY I called to verify it. We were told the monies HAD cleared the bank, which is why we spent it. I merely thought this was a lost check.

85. Posted by: Amelia

    Hi Cassandra! Okay, thanks for clarifying. Still, can you see how a judge is going to ask, “You ‘forgot’ to deposit a payroll check of almost $1,000, and you didn’t notice?”

    You can try to collect overdraft fees from the former employer through small claims court, or you can chalk this one up to experience. HTH, and thanks for reading the blogs!~ Amelia

86. Posted by: Darrell

    I have worked for the DoD for almost 34 years and my supervisor said he has the perception I am abusing my sick leave. For the next 90 days he has required me to “provide a doctor’s note that describes why I was incapacitated for duty or could not perform my job functions. A note that simply states I was sick will not suffice”. Even though I have over 850 hours of sick leave. Actually I am using my excess vacation time when I am sick and still have excess leave. Can he do this? I am not represented by the union. I thought doctors were not allowed to tell anyone but who I authorized as to my medical conditions. I think he wants to use my medical history against me. Could you please help?

87. Posted by: Amelia

    Hi Darrell! We agree that this supervisor is exceeding his authority, and possibly illegally discriminating against you. However, yes, you can be terminated for excessive absences, even if you still have sick leave.

    We will say, unscheduled absences are always a problem for a supervisor, whether the employee uses vacation time or sick leave. If you want time off, the better course of action would be for you to schedule vacations, rather than force the issue by using impromptu vacation days.

    Many employees treat accrued sick leave or vacation time as money in the bank, but it is not. There is no guarantee that you will ever be able to use this time off. Especially for a non-union employee, that time can be taken away at any moment. It is foolish to accumulate large amounts of leave, and expect to use them.

    You are correct that under HIPAA your doctor cannot be forced to disclose the nature of your illness without your consent. However, in some cases (such as FMLA or ADA) an employee can be fired for absenteeism, for refusing to disclose medical information. In this case, your doctor could fill out a form stating that you were physically incapacitated, and unable to work, without specifying a diagnosis.

    On the other hand, we agree that you may have been unfairly targeted by this supervisor, if other employees who are absent as frequently as you are, are treated differently. You should file a discrimination complaint with the HR department or EEO office. Getting them involved in the issue may make the supervisor more reasonable.

    If you have been taking time off for minor illnesses simply to use up your accumulated sick leave, you should quit doing that, at least for the next 90 days. Frequent absences can be a problem, even when the employee has sick leave accumulated. In some cases, an employee can be terminated for excessive absences, even when he or she still has sick leave.

    If you have a serious health condition such as arthritis, migraines, diabetes, etc. you should apply for leave under FMLA. In most cases, you can do so without disclosing your medical diagnosis on the FMLA forms. Many conditions including arthritis and diabetes are now considered disabilities under ADA. If you have one of those conditions, time off might well be a reasonable accommodation to that disability. However, in that case you will have to disclose the nature of your disability to HR (not to your supervisor.) This is a complex topic, so feel free to post more questions with additional details. HTH, and thanks for reading the blogs!~ Amelia

88. Posted by: velma boswell

    i use to work at a daycare and worked for 2 weeks
    then resigned. when i came to pick up my check my boss deducted
    most of my paycheck due to some classess she paid for 6 months ago.
    she told me that paying for these classess was a much better deal than getting a raise when it was time for my anniversary date.
    so i left it like that. nowthat i quit she took almost all my check of the hours i woked for the two weeks. can s
    he do this? velma

89. Posted by: Amelia

    Hi velma! Yes, if you signed an employee handbook or other agreement stating that you would repay the employer, then she has the right to make this deduction to your paycheck. If you took general childcare classes, the employer was under no obligation to pay for them. Many times the employer does this with the agreement that if the employee leaves within one year, the cost of the classes will be deducted from the final paycheck.

    If you did not sign any such agreement, then you should file a wage claim with the Oklahoma Department of Labor. HTH, and thanks for reading the blogs!~ Amelia

90. Posted by: velma

    hello again this is velma again on the classess i took i did not signed no agreement with the boss to repay for the classes and at the time she wrote
    me a letter at the beginning of the year when i was suppose to get a raise
    she stated that it would be a better deal for her to pay for my classess than to get
    a raise. she said in the letter if i wanted a raise she would give it to me.
    but i would have to pay her back for the books so therefore i left it at that
    and she never raised me so i just left it that way.
    so can i still use that letter and file a wage claim.on
    my final check the check states the hours i worked and the pay was not
    given.

91. Posted by: Amelia

    Hi velma! You can always file a wage claim or take the employer to small claims court to try to collect the amount she owes you. Frankly, you would have been better off if you had taken the raise and paid for your own classes. One of the reasons this was “better” for the employer is that she is able to withhold payment for the classes, if you quit. (Just FYI, “better for the employer” usually means “worse for the employee.”) HTH, and thanks for reading the blogs!~ Amelia

92. Posted by: Chelsea

    Hi, my name is Chelsea, and I had a problem I dont know if anyone can answer this question or situation for me but I figured I would try anyways.
    I am trying to find a job so I can get out of the house and help my spouse with our bills and have applied at a few places. In those few places I had also applied to somewhere my husband and in-laws have worked before. Now from what I put down there shouldn’t have been anything that disqualifies me from getting the position I wanted but yet I have went two weeks without getting a call or anything. Now, when my family members previously worked there, there had been a few issues which each one of them and they had been terminated. But that shouldn’t have effected me in my work of trying to be hired from what I see. There is no reason I shouldn’t be hired because the business didnt like my relatives. I don’t see that as fair to be honest. This also seems to be a job that alot of people seem to get fairly easy and I did call again recently finding out since I had applied there are still positions open. Is this discrimination? And if so are they allowed to not hire me for that following reason (Having past problems with my relatives so they automatically don’t hire me)

93. Posted by: Amelia

    Hi Chelsea! We agree with you that this is unfair — but it is legal in Oklahoma, and under federal law. It’s not discrimination. Under the law, discrimination occurs when an employer takes negative action against an employee based on race, color, sex, religion, national ancestry, disability, pregnancy or genetic information. So if the employer refused to hire you because of your race, or because you are female, or Irish, or Catholic,etc. that would be illegal discrimination. But unfortunately, refusing to hire you because of past problems with your famly members is legal.

    We agree that you should not have to suffer because your family members had problems with the employer. But the only advice we can offer is for you to apply for jobs at places they have not worked before. HTH, and thanks for reading the blogs!~ Amelia

94. Posted by: Cyrena

    I have been working a job in a group home for the past 6 months. I am a victim of a forged document. I have been harrassed ever since I found out about the document and I wrote a grievance letter about the nepotism and confidentiality issues.
    They have been changing my schedule without notifying me.
    I have been going to work and doing my job and I am lucky if my relief worker comes in on time. So I never get off when I am scheduled to.
    Now we have a new client with a contagious disease in a house setting with 5 other clients. A trip to the ER with him, the Dr. suggested we isolate him. He is not being isolated and is putting the other clients and staff at risk.
    Can I be fired for not going to work until this condition is remedied if it puts my health in danger?
    I am not sure where to go from here….

95. Posted by: Amelia

    Hi Cyrena! Yes, you can be fired for not going to work, even if you are doing so because you believe your health is endangered. It sounds like this is a really bad employment situation, but nepotism is legal. So is sharing employee information within the company, unless it is medical information.
    If you believe that your employer is in violation of state regulations regarding patient care, you should report it to the state agency that issued their license. Otherwise, our suggestion is that you look for another job. HTH, and thanks for reading the blogs!~ Amelia

96. Posted by: tanya

    working in a nursing home can u give someone a raise an then take it back because someone else came back to work an hire someone else new at 10.00 an put u back to 10.50 from 11.75 after u have been there 6 yrs

97. Posted by: Amelia

    Hi tanya! This is not very professional, but it is legal. An employer can reduce an employee’s wages at any time. However, the reduction cannot be retroactive. In other words, the employer can tell you today that beginning tomorrow, you will earn $10.50 per hour. The empoyer cannot tell you today that you have been earning $10.50 per hour for the last two weeks.

    But just as the employer an give an employee a raise, they can also give an employee a wage reduction. HTH, and thanks for reading the blogs!~Amelia

98. Posted by: Tamara

    I was resently working for a company whom i found out took breaks out of our pay checks weather our break was taken or not. Well they had terminated me for theft be cause i had ate a biscuit, but they did not fire me right away i had worked nearly the rest of the week. A superviser had gotten upset with me in the middle of one of my shifts,(because i refuse to carry a bus tub full of dishes because i am pregnant still in my first trimester.) so she took me to the office and they decided to fire me for the biscuit right then and there. this job was the only income i had coming in for my family of four. I had been depending on my last paycheck to pay the rent unfortunatly when i had went up there to pick up my last paycheck there was only 6.99 on the check from a few tips i had made. None of my hours i had worked were on the check. They sent me out to wait while the employees came and retreived their checks. After all employees where gone i sat outside of the office a while longer waiting for them to call me in.(they never did) so i walked back in the office myself, they asked if they could help me . i explained again theat none of the hours i had worked were on this paycheck. they told me there must have been a glitch in the system theyll get it fixed next friday… they just shrugged it off , like not there problem. can they do this to me???

99. Posted by: Amelia

    Hi Tamara! This is a really, really tough situation and you have our sympathy.
    Just so you know, legally, a pregnant employee is still responsible for performing all her job duties and can be fired if she cannot or will not perform some of them. Most healthy women without pregnancy complications can continue the same activities that they completed before the pregnancy. If you are in doubt, check with your doctor, but in most cases lifting a bus tub full of dishes would not injure you or your baby, especially in the first trimester.

    Some doctors would limit how much you could lift in the 8th or 9th month. However, at that point, if moving bus tubs of dishes is part of your job, the employer could legitimately fire you, because you are no longer physically able to do your job. In a perfect world, your manager would have tactfully explained this to you. (If the employer has 50 or more employees, and your doctor says you are unable to work, you might have been entitled to unpaid leave under FMLA. If this is the case, post another question with more details.)

    We agree that the employer was wrong to fire you “because you ate a biscuit without paying for it.” You should not have done that, but it’s not theft. At most, it’s a violation of company policy. The employer is also not legally allowed to fire you simply because you are pregnant. However, the real reason the employer fired you was because a) you refused to complete some of your job duties and b) you say you are physically unable to do your job. Either one of those reasons alone is a valid reason to fire you.

    So the firing was legal. However, the employer has violated several Oklahoma laws by not paying your full wages on payday and by not paying your final paycheck on the next scheduled payday. You should phone the employer and very calmly and tactfully request that your wages be paid now. Let the employer know that you would hate to have to file a wage complaint with the Wage & Hour Unit of the Oklahoma Department of Labor, to get your money. Most employers will do almost anything to avoid an audit by the Department of Labor. If necessary, show them this: http://www.ok.gov/odol/documents/WHFAQ.pdf

    If they don’t pay you within 2 or 3 days, call the Wage and Hour Unit at 888-269-5353 and file a wage complaint: http://www.ok.gov/odol/documents/WHWageClaimForm.pdf

    Unfortunately, it may take the Wage and Hour unit more than two weeks to investigate the claim, but often simply mentioning them will change the employer’s attitude.

    You should also file for unemployment benefits. It is very common for restaurant employees to eat food without paying for it. That’s not right, but it should not be a firing offense, especially if other employees have done this in the past and not been fired. If you are denied unemployment, you should appeal that decision. There is about a 50/50 chance that you will win.

    Meanwhile, if your family is in need of financial assistance, dial 211 from any landline phone (not a cell phone) to find out what services are available in your area. Feel free to post any additional questions you may have. HTH, and thanks for reading the blogs!~ Amelia

100. Posted by: Jacklynn

     hello i have a concern. My sister was working for a kiosk in our local mall. After she worked her training they told her she would not get paid for those hours. Now they are trying to tell her she will not get paid for one of the days that she worked 11 hours. Furthermore, they are not giving her her check when they told her payday was. I was wanting to know what we should do about this.

101. Posted by: Amelia

     Hi Jacklynn! This is clearly illegal. The federal and Oklahoma minimum wage laws require that an employee be paid for all the time she works, including training time. The law also requires that an employer keep accurate payroll records of the hours worked and wages paid.

     We will assume that your sister has tactfully requested payment, and been told no. She should write down all of the hours she has worked but not been paid for, while it is still fresh in her memory. Then, she should file a wage complaint with the Oklahoma Department of Labor at http://www.ok.gov/odol/Wage_and_Hour/index.html. They will investigate the employer’s payroll records. If they find that your sister is owed money, they will force the employer to pay it. It is illegal for an employer to retaliate against an employee who files a wage complaint in good faith.

     Unfortunately, some mall kiosk owners try to operate outside the law, not paying unemployment insurance, taxes and wages. It sounds like your sister is working for one of them. Usually, these employers do not get better. They continue to mistreat employees until they are caught or go out of business. Your sister might be better off if she stopped working for this employer, as well as filing a wage claim. Some jobs are worse than no job at all. An employee who quits due to nonpayment of wages may qualify for unemployment benefits. HTH, and thanks for reading the blogs!~ Amelia

102. Posted by: Patricia Swain

     I lost my job due to an illness. I missed 3 days of work and brought a doctors excuse. When I returned to work on the 4th day, I was told they didn’t need me anymore. I worked at a fast food restaurant in Lawton, OK. Can they legally do this? I am a single parent with a small child.

103. Posted by: Amelia

     Hi Patricia! If the employer has 50 workers within 75 miles, and you had a serious health condition, you may be entitled to unpaid, job protected leave under FMLA, the federal Family and Medical Leave Act. However, if your illness was minor like a cold or the flu, then they can terminate you under these circumstances. You should still qualify for unemployment benefits. HTH,and thanks for reading the blogs!~ Amelia

104. Posted by: geri

     Message if you are told by your employer you have a mandatory meeting ,and you have to show up. this is after we clock out and go home. then we have to come back later for 1-2 hours do they have too pay you for that? thanks geri

105. Posted by: Amelia

     Hi geri! Yes, an employer always has to pay an employee for any mandatory meeting, regardless of when it is or how long it is. Both the federal and Oklahoma minimum wage laws require that employees be paid for all time worked, and a mandatory meeting is considered working. HTH, and thanks for reading the blogs!~ Amelia

106. Posted by: Tabitha

     I recently was fired from my job for “leaving my post.” I was scheduled to leave at 7:30 pm, and agreed to stay an hour later to finish cleaning up my mess and help the closing crew close the store. After the hour was up I tired to go home but was told I wasn’t allowed. I clocked out and went home a little before 9:00pm. Are they allowed to fire me for not staying longer?

107. Posted by: Amelia

     Hi Tabitha! Unfortunately, yes, the employer can require that you stay later or work overtime, even without notice. When the supervisor tells you to stay and you leave anyway, that is insubordination. An employee can be fired for insubordination. An employee can also be fired for refusing to work later when they employer requests or requires them to do so. You may qualify for unemployment benefits, depending upon your reason for leaving at 9 pm. HTH, and thanks for reading the blogs!~ Amelia