how would you handle?

[brenalexacamp]

Just have to vent- got hired for 2 days a year ago- never get out at close time- o.k I get paid for it- I am now up to working 45 hours a week! I keep my mouth shut, do everything I am asked- work a saturday-with a smile! Boss is basically a bully and throws his weight around- the spouse is the owner and makes excuses for the boss's bad behavior- tantrums, swearing, firings. Threatening firings, not getting paid- although never to me- but this week- it happened, we get paid every two weeks. Thursday I look at my account and I am short 25 hours! He said it was a mistake with the payroll, this is not the first time. a few weeks ago I got someone elses check deposited in my account-was fixed within a day. He blamed it on the new hires- the payroll company didn't process right. Ok I thought- it could happen-ONCE. My colleague overheard him calling payroll- just pay everyone 30 hours a week. Then he told me he was in a rush- so just called in some basic hours- then he told me big mess people forgot to clock in and out- not me- then why wasn't mine right? Bottom line he said Friday the latest Saturday the rest would be deposited. It is Sunday and it is not! All this and I worked Saturday as a favor! I want to go to work tomorrow and demand a handwritten check! My husband told me to call out- no pay, no work, I'll work for someone that will pay me.
I don't want to stay home because that just hurts me.
I think I have avoided the bullying to me because I have spoken up- I will not be treated this way- but not getting paid! and we get paid every 2 weeks! any advice? I really like the population of clients I serve, I do get paid well, have gotten great continuing ed benefits, and have been given 2 weeks vacation before I was even there full time for a year. Just if you knew this boss-

 

[sam_gordon]

I'm sorry. Your story is kind of hard to follow.

If you're scheduled for a certain # of hours per week (37?) you're qualified as "full time" and should be getting benefits. I can't tell if that's your problem or not.

Are YOU not getting paid for the time worked? First, are you an "exempt" (not subject to OT) employee? If you work more than 40 hours in a week, do you get paid 1.5x your base rate for those hours? I can't tell if that's your problem.

Are you not getting paid at all? I can't tell if that's your problem.

You only have three options the way I see it...
1) Do nothing and hope everything works out in the end (payroll/new employee problems could be do blame)
2) Discuss this CALMLY with your boss.
3) Turn in your notice and find another job.

Is there an HR department or is this a "mom and pop" type of place? Does your boss have a boss you can go to if #2 doesn't work out?

 

[Diabolicdesire]

Go to work Monday and ask for your check................No check=file a complaint with the dept of labor.

Next step =find a new job. Messing with your money is not acceptable.

 

[brenalexacamp]

It's a mom and pop so I can't go to the spouse- I think she would be mortified if she knew the payroll was wrong- my point was I was hired for 2 days- boss kept asking if I could do a day here and there- help him out- and it escalated to 40 hours a week- but it is clinical, so you never punch out at 5. My hours average 40 regular and then about 5 overtime each week. He just decided to pay everyone short this pay period. I think I may need to start looking- I have bills to pay too. Thanks for your advice! any more?

 

[SoonerSarah]

Well, I completely understand about being in a job where it's stressful and there are problems. And I (or my husband) has also been in a job where his pay was late on numerous occasions (not just some, but the entire amount.

Before you consider quitting your job, how badly is your income needed? What happens if you can't find a job for 6 months? A year? Will you quitting your job without a back up be a hardship for your family?

What will happen if you quit your job and love your boss, but hate your co-workers? Or you hate your clients, or the people that you have to come in contact with the most? What if your pay is less, your hours are less, or your benefits are less? Or the job is more stressful? This is something that we can not give you advice on. Every person handles situations differently.

If I understand correctly, you are paid hourly, and this past pay period, you worked 55 hours (you said you were short 25 hours and the boss said to pay everyone for 30 hours). Boss told you on Friday that you would be paid by Saturday, and you also worked Saturday as a favor, but here it is Sunday an no payment.

 

[D&D's Mom]

Seems like there is more than one issue going on here....you were hired to work two days per week, but now are complaining that you have bills to pay despite working 45 hours per week....seems like being asked to work more than two days is a moot point if you need the money for 45 hours worth of work. The real issue for complaint is that you weren't paid for the full amount of hours worked and that should be addressed on Monday with your employer in a non-confrontational way. Inform him that your check was inaccurate, provide documentation of the hours worked, ask when you can expect it to be resolved and also ask if there is anything you can do to help expedite the resolution.

Good luck!

 

[gracie1]

Go to work Monday and ask for your check................No check=file a complaint with the dept of labor.

Next step =find a new job. Messing with your money is not acceptable.

Exactly what I would do. And I have done that with a previous employer. who knows who else is getting ripped off

 

[brenalexacamp]

I took the 2 days as a permanent thing so I knew I would have a steady income- I temped the other days for flexibilty. So I planned on working the 32-40 hours a week. A big company would never do this. Just wanted a professional, reasonable way to get what I am due, let boss know this cannot happen again, and not burn bridges.

 

[momof1princess]

go to work tomorrow, and demand that you be paid what you're owed in a paper check, by the time you leave the office tomorrow. there is NO excuse for your check to be short 25 hours. one or two hours, sure, but not TWENTY-FIVE! i agree with your husband (and i'm glad he's got your back on this!) if you don't get paid tomorrow, make a copy of your time sheet, let your boss know you'll be filing a complaint with the state department of labor relations, and that you quit. the guy can only take advantage of you if you let him!
one question: if the husband won't pay you, why WOULDN'T you go to the wife, if she's also involved in the business? i realize you said she'd be mortified, but maybe she NEEDS to be mortified! this affects her too, and i'm willing to bet she'd rather cut you a check than risk losing a dependable employee.
whatever you decide, best of luck! i once had a boss who was a doctor, and also a bully. she went so far as to tell us our Christmas bonus was contingent upon us attending the office open house. thankfully, my DH was also supportive when i'd had enough of her BS.

 

[wlake]

Wow! Sounds tough. My job was transferred from part time to full time this school year, and lo and behold, I got a half time check our first pay period. After getting the run around from the payroll dept., I got our union involved. They informed the superintendent that it was an "unfair labor practice" and as such was illegal. (I got a check hand-delivered to my classroom by courier within 16 hours of that conversation.) Evidently "unfair labor practice" is the key term to use. Good luck!

 

[Squirrel!!!]

I work for a small company too, and it is amazing how vague and loosy goosy the boss can be with payroll sometimes. At my job the mistakes are never on purpose ( I do know this for certain), but when I want the problem solved NOW rather than the next paycheck therealways seems to be surprise.

A complete paycheck is something I count on, not one shorted a day or so.

But, bringing in the mention of the labor board will work. Even though it sounds like a threat and will make you feel confrontational, you are owed the money!

Sorry that getting paid for the work done is so difficult!!

 

[Grumpy's Gal]

I'd say:

I have bills to pay and count on my paycheck to do that. In the future, I'd really appreciate getting paid on time so I don't have to incur late fees on my bills."

He can't fault you for that!

 

[csharpwv]

Step one- document the time card - hard copy.
Step two - calculate the dollar amount owed.
Step three - speak to the boss's wife - with paper in hand- would she mortified more if you address the issue with her or if the Dept. of Labor addresses the issue with her?

Step four - discuss a plan for improvement with the husband and the wife - this could be an opportunity for you to step up in a leadership role with the organization.

Don't take this situation as 100% negative - you've witnessed FIRST HAND how NOT to manage an organization - and you've seen the negative effects it not only has on the organization overall - but also the effect that the horrible behavior has had on individual employees.

If you know how to do better- step up and offer to do it!

A complaint will make you look like a complainer - a suggestion for improvement will make you look like a good employee who cares about the success and resulting profitability of the organization. If the employer cannot MAKE the cost of payroll - that is one issue - however just withholding pay for hours worked is a total other issue and a very clear sign of mismanagement.

 

[brenalexacamp]

thanks all, I'll let you know how it goes.

 

[shellyfive]

personally, I'd ask for the money and would also be looking around for another job to hop into.....If he is shorting everyone's pay(pay 'em all 30 hrs.)he might have financial as well as personality problems, and with a 2 wk pay period, you may not find this out for weeks!!!

you might be happier in the long-run with a more stable situation----tend to see that those bosses who abuse employees do it long-term, and you really don't matter at all to them , as long as they can squeeze extra out of you to make themselves more money , they will.

 

[quentina]

Just have to vent- got hired for 2 days a year ago- never get out at close time- o.k I get paid for it- I am now up to working 45 hours a week! I keep my mouth shut, do everything I am asked- work a saturday-with a smile! Boss is basically a bully and throws his weight around- the spouse is the owner and makes excuses for the boss's bad behavior- tantrums, swearing, firings. Threatening firings, not getting paid- although never to me- but this week- it happened, we get paid every two weeks. Thursday I look at my account and I am short 25 hours! He said it was a mistake with the payroll, this is not the first time. a few weeks ago I got someone elses check deposited in my account-was fixed within a day. He blamed it on the new hires- the payroll company didn't process right. Ok I thought- it could happen-ONCE. My colleague overheard him calling payroll- just pay everyone 30 hours a week. Then he told me he was in a rush- so just called in some basic hours- then he told me big mess people forgot to clock in and out- not me- then why wasn't mine right? Bottom line he said Friday the latest Saturday the rest would be deposited. It is Sunday and it is not! All this and I worked Saturday as a favor! I want to go to work tomorrow and demand a handwritten check! My husband told me to call out- no pay, no work, I'll work for someone that will pay me.
I don't want to stay home because that just hurts me.
I think I have avoided the bullying to me because I have spoken up- I will not be treated this way- but not getting paid! and we get paid every 2 weeks! any advice? I really like the population of clients I serve, I do get paid well, have gotten great continuing ed benefits, and have been given 2 weeks vacation before I was even there full time for a year. Just if you knew this boss-

Well, the HR person in me is saying file a formal complaint with your state....no pay is a big problem and the EEOC, dept of wage and labor...would be all over this...they live for this stuff!

If you don't want to go the formal route, speak to him and let him know that if he cannot pay you, you will not be in to work. Give a deadline to receive back pay that is owed. If you do not get it....you need to file a formal complaint. It is not right, it is unacceptable and it is against the law!

 

[quentina]

In PA, not getting paid would be considered a compelling and necessary reason to quit and would be grounds for unemployment. It would be hard for them to challenge this resignation in court.

Hopefully, it will all work out. I would talk to the wife, if she is a part owner, she needs to be aware.

 

[Arielle22]

In PA, not getting paid would be considered a compelling and necessary reason to quit and would be grounds for unemployment. It would be hard for them to challenge this resignation in court.

Hopefully, it will all work out. I would talk to the wife, if she is a part owner, she needs to be aware.

The EEOC would not be involved in this type of labor dispute.

If the OP goes to the labor board, it is entirely possible that by the time the complaint reaches the owner, she will have been paid. Most DOL do not care about the case once wages have been paid.

Not being paid may or may not be a compelling reason to receive unemployment. It would not be challenged in court but in the claims adjuster office in some office building.

OP has received a partial payment so it would make her case harder to prove. All the owner would say is that it was a mistake with payroll and the mistake was corrected but OP quit anyway.

I would speak with your boss in a professional manner and remind him that the check was owed. Don't be confrontational but don't let him off the hook.

OP, as for the first part of your post, there is no law against being an equal opportunity jerk (or even one who threatens to fire you). If you started out at 2 days and have not refused additional time, your boss probably thinks you want the extra days. If you don't want the days you should have made it clear to him when he first asked.

As for benefits, most benefits (except health and 401k) do not have a legal definition for who receives benefits. Companies are free to give benefits to whoever they want as long as it is not for a federally or state protected reason. Usually health and 401k plans will fall under ERISA which states that the plan documents must be followed.

It seems that your problem with payroll is just the tip of the iceberg with your issues with the job. You should decide what you want to accomplish (get paid immediately, file a complaint and don't care what your boss says, speak with the owner about conditions) and then formulate a plan based on your desired results.

 

[SKWDW]

What they are doing to you is illegal!

I visited the NH Department of Labor's Web site. As a worker in New Hampshire, the Protective Legislation Law and the Minimum Wage Law provides protection relating to your "wages" and your "time worked".

Click here for a PDF of the Top Ten Labor Law Violations

Your employer has clearly violated #2 Failure to pay all wages due for hours worked...

I would politely, but firmly insist on immediate full payment. If that doesn't happen, then report them to the NH Department of Labor.

 

[2binak]

It's a mom and pop so I can't go to the spouse- I think she would be mortified if she knew the payroll was wrong

If the wife is part owner of the business, she has a right to know how her business partner is handling (or in this case, not handling) the office management duties. He's shorting the employees their due pay. Why? What is he doing with the rest of the money? The wife has a right to know what's going on. What if he is causing the business to go under? Isn't it better that she know now rather than waiting for it to a point where it can't be saved?