Can my job do this???
Find answers to your legal question.
Can my job do this???
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i been worling for a comp. for 5 years and i am on salary last week i missed a day and now my boss wants to deduct it from my paycheck is that legal is it right can he do that .. see since om on salary if my boss askes me to stay extra time and i do i dont get paid for it cuz on mot on a hourly wage. b-4 when i'd miss my check would stay the same bit now i think he is getting cheap on us.. so can he do that by law?? or can i fight it?
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hr4me
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Yes, a company can deduct a full days wages if you miss an entire day.
If you miss a partial day the company can force you to use sick or vacation time if you have any on the books. If you do not have paid time they are not allowed to deduct for partial days missed. |
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Catspaw
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Yes he can do it legally. You can always tell him to charge it to your unused vacation time though. Salary really just means you can go to doctor appointments on company time, or leave a little early from time to time. |
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Iknowthis!
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It's not illegal unless there is a written policy and he is discriminating against you.
All the large companies I had worked for had a written sick policy. You accrued so much sick time based on a schedule and any missed days were paid to you under the accrued time. If you exceeded your accrual then you could take it as a vacation day or choose not to be paid.
If there is no written policy you are between a rock and a hard place and will have to accept the decision for now and decide if you want to look elsewhere for employment if that policy is unacceptable to you. |
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gangico
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No he can't do that |
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gen. patton
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you said before when i missed,my check stayed the same. it sounds like you make a habit of missing days. if you miss a day every other week, thats 26 days missed in a year,that you expect to get paid for. do you see his point? the people i worked for,would tell you to look for another job. |
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gatorglass
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Being paid on a salary basis does not mean you are not entitled to overtime. It depends on the type of work you do. Unless you are in one of the categories classified as "exempt" under the federal Fair Labor Standards Act, you are entitled to overtime when you work more than 40 hours in a week. Some states have different rules, but they have to be at least as fair to the employee as federal law about paying overtime.
If you are really exempt from overtime under the law, your employer may deduct a full day's wages for a full day missed IF he has a genuine policy related to sick time and vacation and if you have already used all your sick time and vacation. If you miss less than one full day and you are exempt, she has to pay you for the full day.
However, if you are NON exempt and work more than 40 hours a week (in some states, you only have to work more than 8 hours in a day), you would be entitled to overtime pay at a rate of at least 1 and 1/2 times your regular rate. There are serious penalties to the employer who does not pay it. Contact an employment lawyer or the state or federal dept. of law, wage and hour division. |
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Ear GW
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Find the number and call your state dept of labor
This is the federal link. Its not a very good website, sorry
http://www.dol.gov/dol/topic/index.htm |
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Ava
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Well, what did you take the day off for anyway?
A company can dock you for the following reasons:
-- If you've maxxed out your sick day allotment.
-- If you didn't let your supervisor know at least 30 min.before the start of the work day that you were taking a sick day.
--Some companies have policies about asking for vacation time in advance, so you might not have even been able to use one of those days!
Sorry, employment law can be kind of tricky. Good luck. |
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kgibson_ddbc
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Absolutely. You likely could have been fired if you didn't bring a doctors note and/or had it as a vacation day. |
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