Recent content by Peppermint

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    Fired while on workers comp

    What does being put on restricted duty have to do with eligibility for FMLA? Is the employer too small (less than 50 employees at your job location or within a 75-mile radius) to be subject to the Act? You cannot be fired BECAUSE you filed a Work Comp claim. You CAN be fired if you are...
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    Can I request this accommodation?

    What disability do you have that has resulted in poor communication?
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    Hired for not showing up

    I understand you don't "care". But let me tell you something. When a prospective employer contacts this company for a reference, don't be surprised if they tell them exactly what happened. 20 years old is old enough to take responsibility for your commitments. BTW, I checked your state...
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    Hired for not showing up

    You're an adult. Leave your dad out of it; he has no dog in this fight. I would either ignore their calls for a "meeting". I would ignore their "demand" for "restitution". I would, however, call and say "I will be in on X day at Y time to pick up my final pay; if it is not ready for me...
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    Hired for not showing up

    That's exactly what we're saying; they'll lose because you have no legal liability for loss of income.
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    Hired for not showing up

    They cannot hold your paycheck for any reason. You can file a claim for unpaid wages with your state Dept. of Labor. Sure, they can try to sue you, but it would probably get thrown out before it even got to court. Having said that, why in the world would you just not show up for work and...
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    Feeling a little lost

    Unless, she actually does, although it's unbelieveably unprofessional, such a statement is not illegal. What you can do is start searching for a new job where management treats its employees with some respect.
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    Possibly leaving a long time employer

    Then the law in NY is that, unless the employer policy is NOT to pay accrued vacation at termination, and that policy is disseminated and known to the employees, then the vacation must be paid. Note that this law does not apply to sick time. That would be up to employer policy or CBA.
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    Can an employer calculate overtime by hours over in days and not by work week in NYC?

    Yes, with the possible exception I noted in your other thread.
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    can I negotiate my severance package if i've got dirt on the company?

    IF overtime premium is required, yes, the commissions must be included in calculating the "regular rate of pay". However, the 7(i) exemption in the FLSA does not require the overtime premium if your commissions are at least 1/2 of your total pay. That was the link I gave you in my last...
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    negotiation severance package

    swong171, please start your own thread instead of hijacking someone else's. Thank you.
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    Possibly leaving a long time employer

    That is strictly up to the agencies involved and, if applicable, any union agreement. One exception exists, though, in relation to vacation ONLY. These two agencies are different employers? Not just separate agencies of the state? This is an important distinction.
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    Can an employer calculate overtime by hours over in days and not by work week in NYC?

    No, and yes. Your paid lunch does not count as "hours worked" for purposes of determining overtime hours. Also, you do know that since overtime is calculated on a workweek basis, you will normally get overtime "after the fact", at least for the last week of the pay period, since a...
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