(Closed) Legal Help! – need some input

posted 7 years ago in Legal
Post # 4
Member
96 posts
Worker bee
  • Wedding: June 2011

I would recommend that you and your husband go see an employment lawyer, who will be able to advise you on whether you have any recourse.  Ask any of your lawyer friends, or any family lawyer, for recommendations of someone who specializes in representing terminated employees against their employers. 

Post # 5
Member
7431 posts
Busy Beekeeper
  • Wedding: October 2009

It does seem really wrong and messed up.  Not sure what legal standing you have, maybe you could check the labor board for your state online, or call them and ask??  I’ve heard of it happening after the fact, and one spouse or relative having to leave in other places (not sure what state) but I don’t really know the legal ramifications of it.

Sorry, not much help at all. ((HUGS))

Post # 7
Member
7431 posts
Busy Beekeeper
  • Wedding: October 2009

@invisibility cloak: Yeah, its crappy for sure. My husband is a mechanic, and he gets paid flat rate (whatever the job calls for, no matter how long it takes. works well for him at least because he’s always faster than the alotted time) and doesn’t get paid to be at work, yet the shop manager said that from now on anytime someone doesn’t clock in (he says for insurance purposes, and since its new, a lot of the guys forget about it sometimes) he will deduct $ from their paycheck. I was pissed when hubs told me this, because its totally illegal (verfied by the Dept of Labor in MD). You bet we are going to get a lawyer if they actually try to do this!!

Definitely call the Labor board in your state, they should be able to get you an quick answer (just give them a very condensed version with no names) and see what they say

Post # 8
Member
7975 posts
Bumble Beekeeper

I think you would need to see the policy in writing before you could do anything. I know at the place where I work, our nepotism policy says your relative can’t be your direct supervisor, but it also says if your relationship changes after employment (like if you were to marry your supervisor/ee) they have to make a reasonable effort to find one of you a different job in the company so that you’re not in a direct supervision role anymore. If that’s not possible, then one of you has to leave. Either way (one of you changes jobs or one of you leaves), it is the choice of the 2 related employees which one moves, not the boss’ choice/a matter of seniority.

If I were in your shoes, I’d take a copy of the policy, preferably dated for when it was implemented, and a copy of the handbook/policy manual your husband received when he got his job (plus his recent performance reviews, etc.) and get a lawyer.

Post # 11
Member
7431 posts
Busy Beekeeper
  • Wedding: October 2009

@invisibility cloak: yeah, so now its going to be a pain for him to keep track of all hours, and make sure all amounts add up.  I don’t think any company can be trusted, sad but true

Post # 12
Member
637 posts
Busy bee
  • Wedding: April 2012

@invisibility cloak: Just wanted to add…don’t forget vacation time. In my state, they must pay out vacation time when you quit or are let go – certainly don’t want to lose that! That should also be noted in the employee handbook. Another thing to look for is his status: exempt/non-exempt employee. If he’s considered non-exempt, and there is some kind of record he or the company has kept, he may be entitled to overtime according to the laws of your state. Again, in my state you can’t take adjusted time off in lieu of overtime pay. It adds up! Good luck with all of this and I hope it turns out well for you guys.

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