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Forums Forums Business Employer switched me from salary to hourly for my final 2 weeks, then edited my hours I clocked in for to suit what she felt she wanted to pay me, and is now threatening to take back a Christmas bonus in retaliation for confronting her about the unpaid wages. : legaladvice

  • Employer switched me from salary to hourly for my final 2 weeks, then edited my hours I clocked in for to suit what she felt she wanted to pay me, and is now threatening to take back a Christmas bonus in retaliation for confronting her about the unpaid wages. : legaladvice

     Deborah updated 2 years, 7 months ago 1 Member · 1 Post
  • Deborah

    Member
    February 12, 2020 at 7:47 pm

    I have worked for this company (a small youth sports center in Colorado) for 5 months. I recently put in my notice because I felt that I was being overworked and under-appreciated. I was doing the job of 3-4 people and when I asked multiple times to hire someone under me or as an assistant, she told me she wouldn’t do it.

    I didn’t tell the employer the real “why” in why I was leaving because I wanted it to be a smooth transition, and I had recently heard from past employees that she has a reputation for unethical practices, especially when people decide to leave. After giving my notice, the owner told me that she was going to switch me from salary to hourly. As someone who doesn’t know much about how businesses operate administratively, I was confused and wondered if she was allowed to do this. I asked if she was attempting to cut my hours (and therefore pay) by switching me. She assured me that she was not, and that my hourly pay would equal my usual salary. I still didn’t understand but figured there was some reason for it.

    Since she told me about the switch in the midst of a pay period, a few days of clock ins needed to be added manually by her. She told me to send her those hours via email. I did, and she told me that I no longer need to come in at my usual time for the remainder of my time working there. This felt like she was trying to cut my hours now after assuring me this would not happen. She said that she just didn’t want me to have to come in early, and that I could clock in at home if I was working instead of physically coming in. She said she “doesn’t expect [me] to work for free.” So I did this, working half of my time at home before coming in every day, as I was told. I sent her a detailed email showing every single day’s hours. Some of them had missed punches or no punches at all because of her switching me to hourly halfway through the pay period, and the email explained all this.

    A couple days ago, my payroll stub came in and my hours totaled FAR less than they should have. Some of them were even edited after I had clocked in for those hours, and some were just completely different than what I told her I worked. I contacted her via email, asking her to please correct these mistakes. I went in to talk to her about this, and since she was not happy about me fighting her on the matter, she proceeded to bring up a Christmas bonus she gave me back in December. She said that she gave it to me thinking I would be there longer, and that she doesn’t actually have to give anyone PTO until they’re employed for 6 months. She said that if she fixes this current paycheck and pays me for the hours I worked, she will take back my Christmas bonus (which is obviously gone now considering it was deposited 2 months ago). I don’t know if she can do any of this, and I don’t know what I need to do to protect myself. I will be filing a complaint with the DoL but I need to be prepared for the worst since she has shown she is willing to pull anything to avoid paying me for what I worked. Please help! Thanks so much in advance everyone.

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