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    Question... any advice???

    Ok, So I am a manager at a florist... when it became questionable if I had MS or not my manager and employer both held the breath to see if I was still capable to do my job, well patting myself and tooting my own horn. I showed them that I am still effective and meet my deadlines without a problem, I get results! However! .... when I was out to have my 3 day steroids, I was docked 17% of my salary and 17% of my bonus < because the 3 days equaled that> I am on salary, for mothers day I worked 13 days straight, most holidays and pay periods I work 6 or 7 days a week, two weeks ago I went for injections in my spine, was out for a day, yesterday I found out that my Pay will reflect that, paying me only 91% of my salary... because I did not work 5 days that week. question, Even though it was for a medical procedure can the company do that? others that I have spoken to think they are trying to make me quit, I have worked for this company for almost 3 years and never missed a day or took a personal day until I started falling and had to go to the doctor, and now doctor visits are a part of my schedule. being a florist is all I know....

    #2
    It sounds like you would benefit from consulting an employment law attorney. You're probably leaving some details out for the sake of brevity, but what you've described about your employer sounds fishy.

    Federal law determines which positions are paid hourly and which are salaried. Classifying an hourly job as salaried to avoid paying overtime is illegal. Calling a position "managerial" when the job consists mostly of hourly labor tasks and little managerial function is also illegal.

    You haven't said anything about being paid overtime, yet you said that you regularly work more than 40 hours per week. Even if your position truly qualifies as salaried, federal law allows for certain circumstances in which even salaried employees must be paid overtime. An attorney can help you determine if you should have been paid overtime for some part of the last three years, salaried or not.

    You also haven't said anything about sick time, personal time, vacation time, comp time or makeup time. (The latter two are frequently used to "even out" irregularity of hours for salaried employees.) Not paying overtime yet docking pay for missed hours might be illegal, depending on the true nature of your job classification (that is, what your position is considered under federal law, not what your employer calls it). But the practice of tracking your hours and docking your pay by the hour (if that's what your employer is doing) undercuts their assertion that you're salaried and instead implies that you're really an hourly employee.

    After three years with your company, you should have accrued several days of sick time/personal time and vacation time. Ideally, your medical absences should be covered by sick/personal time and/or vacation pay and you shouldn't have your regular pay docked for those absences. Are you not being allowed to use your sick/personal time for medical time off? However, if you've used up all of your accrued time and IF your employer is legally allowed to dock your pay for missed hours, the reason you missed work is irrelevant.

    Right now you're concerned with the immediate problem that your employer might be trying to make you quit. But don't overlook that what you're describing might constitute illegal pay practices that could entitle you to back pay (and future overtime if you could still work there after taking legal action against your company). It will take an employment law attorney to help you figure it all out, so please think seriously about consulting one. Good luck with whatever you decide to do.

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      #3
      its so hard to prove work stuff ,, If I only had a tape recorder I sure could have won a discrimation case. over 10 years at being the best never missing work all that stuff followed the rules enforced the rules. but they still let me go. JUst try and prove discrimation how many years and how much money will it cost?

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        #4
        thanks

        Thank you for responding,
        The points made are very valid and certainly made me think about somethings. I suppose deep down I know that I should seek legal council. My company does not offer any sick or personel days... my vacation I used up<having 2 MRIs and a spinal tap.> He gets around the overtime pay by giving a bonus depending on net sales,cogs and payroll, which mostly comes to a negative bonus.. Maybe I will get a consultation.
        I don't know, I normally don't like to rock the boat! But, I do stand up for myself and I am all about fairness, < a true Libra> They keep telling me how concerned they are about me, then dock my pay, ??? lately it is all about contradictions, I just thought that salary meant just that .... 4 days 10 days it balances out,
        thanks again for posting
        Tee

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          #5
          bodiki, i agree w/ the 2nd poster (my memory sux and I don't write well no more). I think it's shoddy when an employer docks for hours or days on a workers pay that is supposedly salary. i am sorry u r going thru this, btw. plse let us know what happens! I really learned from this post - thxs

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