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Or to the wastebasket.

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...

Does FMLA apply?

What disability do you have that has resulted in poor communication?

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...

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...

That's exactly what we're saying; they'll lose because you have no legal liability for loss of income.

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...

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.

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.

Yes, with the possible exception I noted in your other thread.

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...

swong171, please start your own thread instead of hijacking someone else's. Thank you.

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.

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...

Using "dirt" on the employer to negotiate your severance package is, in this case, definitely a lose/lose. The employer could very well pull the package altogether. You do know that any clause in the severance package that prevents you from filing a wage claim is not enforceable, right? You...

sagina1, just a friendly note. When we mark something "duplicate post", that means the OP has posted the same question twice, and all responses should be made on the original thread, not this one. Besides, there is no LAW that is going to require the employer to reimburse any prepaid...

Unless there was a union contract or other CBA that allowed you additional leave time over and above the 12 weeks per year that FMLA provides (and it sounds like you did), the termination was perfectly legal.

No, I made sure we followed the law. And just because they may not have disclosed who filed the complaint doesn't mean the complaint was anonymous. Two different things. And yes, I know there is an SOL and I know there are penalties for retaliation; I never said any different.

Honestly, the DOL, either federal or state, doesn't have the staff or the money to be coming in and doing full-blown audits based on anonymous allegations. I've managed payroll for large corporations and a junicipal government for many years, and I worked for one idiot like this...