Is This Fair or Even Legal? - DS Work Related

[luvmarypoppins]

DS went back to his lifeguard job he had last summer. This summer he is legally 18. He never signed any kind of contract etc. Not to mention we had a problem where they ripped him off by like over $400 that they finally paid him in about march. I think this was only because they wanted him back again this summer. Well last night we were all out and get a message on the answering machine from the super of the condo place that ds left the air conditioning on in the clubhouse and they were going to dock his pay. He tried calling the super back but no answer. He did admit that he forgot to turn it off and realized it 1 hour and 15 minutes later. He was right next door at his other job. I dont know how they can do this when they never informed him of it before, how can they know what to charge him etc. I told him he should seriously think of looking for another job and there are lots of them out there for sure. I dont think they are treating him very fairly. We know they had a hard time just getting someone to fill the position last year etc.

 

[minkydog]

I agree, I think they're shaking him down; this group is trouble. Your son is in a vulnerable position with no contract. I would vote for getting new job, but your son is the one that has to pursue it. This is one of those situations that a lot of teens find themselves in--he's gonna learn a whole lot about business from this experience. Try to let him deal with it. He will get through it.

 

[ktulu]

DS went back to his lifeguard job he had last summer. This summer he is legally 18. He never signed any kind of contract etc. Not to mention we had a problem where they ripped him off by like over $400 that they finally paid him in about march. I think this was only because they wanted him back again this summer. Well last night we were all out and get a message on the answering machine from the super of the condo place that ds left the air conditioning on in the clubhouse and they were going to dock his pay. He tried calling the super back but no answer. He did admit that he forgot to turn it off and realized it 1 hour and 15 minutes later. He was right next door at his other job. I dont know how they can do this when they never informed him of it before, how can they know what to charge him etc. I told him he should seriously think of looking for another job and there are lots of them out there for sure. I dont think they are treating him very fairly. We know they had a hard time just getting someone to fill the position last year etc.

Get a copy of the employee handbook, it should cover things like this, if not, tell your DS to put in writing that this was never covered or in writing that he was previously made aware of, he expect to receive his full pay for that time. 1.5 hours of pay isn't worth suing or anything, so it might be best for him to cut his losses.

 

[lindakmonty]

NO...it's not fair. I can't imagine it could even be legal... but I would say he should just find somewhere else to work. It really sounds like they're trouble! I'd get away from them asap. They just want to take advantage of him! Good luck to you and your son.

 

[Honu]

Even if docking pay is legal where you live, an employer has to meet certain criteria and it doesn't sound like they've done that.

Contact your state Employment Development or Wage Board. They can tell you how to proceed.

 

[Chicago526]

I know cashier's can't be docked for their drawers being short, so I'd guess this would falll under the same heading. He can be writen up, suspended w/out pay or fired, but not docked as far as I know.

 

[Toby'sFriend]

good lord there is nothing I hate more that employers on a power trip.

Employment laws vary from state to state but no I can't imagine that it is legal. Companies can ask for compensation when employees perform grossly criminal acts and damage property -- such as taking the company van on a bank robbing spree and wrecking it -- but as a general rule they CAN NOT penalize wages for losses occured from mishaps that occur during a normal course of work.

Unless he has signed some sort of contract agreeing to fines related to certain misbehavior, they are blowing smoke. And even those contracts are mostly unenforceable because the employee is at such a disadvantage in the "negotiation and agreement" part. They mostly hold up in Union type arrangements where Union Lawyers are protecting the rights of the employee.

Your son is a Lifeguard? Around here the waterparks and such are BEGGING for certified lifeguards. Tell him that TF says these people don't deserve him.

 

[horseshowmom]

I agree with the previous poster. In our area lifeguards are hard to come by. I suspect that he can find a much less stressful position if he starts checking around. Based on last year's experience, this employer isn't very trustworthy, and I'm sure he can do better. Good luck!

 

[becjlek]

I would really encourage him to look for another job.

 

[tar heel]

Where we live there's a lifeguard shortage. No way should he put up with that kind of treatment.

 

[heatherfeather24]

He should definitely look for a new job. It's not fair, but it probably is legal.

As an attorney now (and a lifeguard in High School), I'm guessing that your son is working without any kind of handbook and was hired on little more than a phone call conversation. As such, his employer can do just about anything he wants (short of obvious discrimination such as that based on race, sex, disability or age) -- it's called employment at will. He certainly could have fired your son if he felt like it, so docking his pay isn't outside the realm of permissible possibilities.

Federal and State labor protections often don't kick in until you're dealing with companies of a certain size and/or employment of a particular duration. As such, docking pay is probably OK, too. This varies from state to state, so I don't purport to give you any interpretation of law where you live.

Plus, as a previous poster pointed out, economically it's not feasible to do anything about it. Filing fees (even in small claims courts) are often over $100.