Paid by the Hour or by the task?

Status
Not open for further replies.

Badillo777

New Member
My spouse has been in the hospital for three weeks. I learned from her employeer's Director of Personnel that she had ordered a stop payment for my wife's pay check intended to compel her to submit her working files regardless of her health crises and hospitalization. This determination was not communicated in writing to the employee and applied regardless of the obvious additional impact on the stressful crises that she continues to endure. This action is inconsistent with the intent that the director had expressed to me the previous week. She expressed that the stop payment was intended to generate a replacement check that would subtract two working days due to her illness. Upon my follow up and my wife's supervisors instruction, the director generated a check.
My wife as well as her coworkers were originally instructed to submit their files on June 8, 2001. Per my conversation with her supervisor I agreed to and hand delivered her files on Tuesday May 5, 2001. The supervisor requested of my spouse during a number of conversations with her in the hospital to submit these files before the scheduled date of the 8th fully aware that they were incomplete. They explained to her and later to me that the plan was that by reassigning her files to a colleague during her hospital stay, they would be able to relieve her of that responsibility so that she may focus her efforts in recovering her health. I was naïve in trusting that there was genuine concern and support for her during this period of health crises. I fail to see how withholding and reducing compensation during a health crisis would be an expression of concern for staff. Was this action legal given that the check was with held pending the files? She is contracted to be paid by the hour.? This is a part time employee (working a 10 month annual contract 23 hours a month) in the state of New Jersey. Thank you.
 
From reading what you have wrote it would seem that you've had an unfortunate experience that many have had in corporate America.

That said, why weren't your wife's working files submitted? I'm a little confused and not following since you said that they were due June 8 but you handed them in over a month earlier, on May 5, so it would seem that they were. I'm assuming that what was handed in was incomplete.

I'm not saying that the company's withholding of her check was right and isn't sickening, but what are your damages in this case? It would seem that they might be nominal. With regard to withholding the compensation, I'm not sure what her employment contract states, if there is one, with regard to delivery of work product being required for compensation. I would think that this might be a critical part of the work for which she is being compensed.
 
Status
Not open for further replies.
Back
Top