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Agree. You can't change this kind of idiot. All I can say is CYA with memos to yourself, etc., kept at home, just in case. When you get that new job, file the claim for your unpaid overtime. As you probably know, you should keep a record of your hours worked, at home, not using company...

Does you payroll system have an alternate "payee name"? Many do. If you only have one name field in the system, then SS card name will have to be used so the W-2 instructions are complied with. Here is the cite that says the name of the SS card is the name that must be on the W-2...

I don't see any. The offer was contingent upon you passing the test, and you did not. It's unfortunate that they let you start work before either the test was given, or it was scored, or you were notified, but I don't see any "false pretenses" here; just poor test scheduling and maybe poor...

Contact HR about FMLA paperwork. Testing for purposes of a diagnoses is, to my recollection, an FMLA-qualifying condition. I'm assuming you've worked at least 1,250 hours in the 12 months immediately preceding the time off for this testing, yes?

Does the employer have at least 50 employees at your location or within a 75-mile radius?

duplicate post

Taking vacation time is legally ALWAYS at the discretion of the employer. Not everything has to be in the handbook.

Do you reside in the U.S.?

The DOL, neither federal nor state (at least, in Nevada) handles discretionary bonuses. That is a matter of contract, not a matter of wage and hour law.

Maybe. If the commission agreement can be construed to be a contract. And no, termination date is termination date. The fact that your vacation payout is cut after your last day worked does not mean you are an employee until that time.

Yes, this is legal in Nevada and, in fact, most other states.

Of course it's legal. Why do you think it wouldn't be? Did you current manager not know you were interviewing?

I guess what is confusing me is that it sounds like the employer is forcing the overuse of PTO, at least according to what they consider "overtaking".

cbg is better at this than I am. Hang on for her response.

If the employer requires use of PTO for FMLA, then disciplines you for overtaking your vacation while of FMLA, yes, I do see a possible violation IF you experience an adverse action OTHER than the "warning". For example, if XX number of warnings result in your firing. However, we're not there yet.

We have no idea. All background checks are not created equal; it will depend on how thorough a check is done.

It is legal in every state for the employer to require use of PTO for FMLA leave. Are you saying that the employer is using FMLA absences as an attendance issue? That they can't do, whether the leave is paid or not.

Here's the text of the entire law. I'm on my way out and don't have time to reearch it further at thi time. http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=48d6ee3b99d3b3a97b1bf189e1757786&rgn=div5&view=text&node=29:3.1.1.3.53&idno=29

Time spent on FMLA leave cannot be used against you for productivity standards.

Agree. This was not an illegal termination. The best you can hope for is unemployment benefits.