Ok - getting really irritated now! Talked to DOL guy yesterday since it's been over 30 days now - thier lawyer said they mailed it on the 17th of September. The old "checks in the mail" trick! So I informed him that - no - I did not receive anything. Supposedly he contacted the legal person and now they are out of the country and won't be able to provide the document until sometime next week! This is really getting ridiculous! The guy from the DOL doesn't seem to care that they've already violated the 30 day rule or the fact that they are supposed to have the document on premesis to view - and I sit 25 feet from the HR person!! UGH!!!! Oh yeah - I've worked 32 hours for 3 weeks already - due to different circumstances each time - some voluntary unpaid time - and guess what - I've still received my benefits so what's up with that? They get to pick and choose when they want to give them or deny them?
Undercover Lawyer Forum » Introduction
Employee Manuals
(59 posts)-
bleeb
Member
Login to Send PM
Post Count: 20Posted 1 month ago # -
OnYourSide
Member
Login to Send PM
Post Count: 405Send a letter (certified, return receipt requested) addressed to:
Plan Sponsor
Your Company
@ the company's addressIn the letter, request a copy of the FULL Annual Report as well as Summary Plan Description.
At the same time, send a second letter to U.S. Department of Labor in Washington, DC requesting copies of the Summary Annual Report and the Summary Plan Description because your employer REFUSES TO PROVIDE THEM TO YOU. (Say that in your letter) The address to send your letter to the DOL is:
U.S. Dept. of Labor
Employee Benefits Security Administration
Public Disclosure Room
200 Constitution Avenue NW, Suite N-1513
Washington, DC 20210If you can get your employer's Employer Identification Number and include it in your letter, it will help the DOL find their info quickly. You'll find their EIN on your W2. Your employer is required to file these reports with the DOL, so the DOL will have them on file and will send them to you.
Good luck.
Posted 1 month ago # -
bleeb
Member
Login to Send PM
Post Count: 20Actually on Saturday I received the "documents" by restricted mail. When I opened them I almost laughed! They sent me their Summary Plan Document - which is completely different than the one they gave me when I was hired. But this one has all the missing information in it! It states that participants are active full-time employees working a minimum of 40 hours per week. It looks like a Word document that they types on some nice resume paper. Anybody can type out whatever they want! Don't they have to provide me with the copy of the contract from the insurance company that states how many hours they've set it at? I seriously don't put it past them to have had that typed up and shipped out. And the fact that I have worked 3 weeks with 32 hours and still received my benefits - doesn't that count for anything???
Posted 1 month ago # -
OnYourSide
Member
Login to Send PM
Post Count: 405Sure it counts for something - they're not adhering to their own plan document. I still suggest you send the letter to the DOL requesting copies of the company's current Summary Plan Description and Summary Annual Report. And while you're at it, request the LAST ones as well - the ones filed for last year in addition to THIS year. Then compare them and see if they made any changes.
Posted 1 month ago # -
bleeb
Member
Login to Send PM
Post Count: 20Well - here we go again! This morning I come to work with my check on my desk and a new "cell phone" policy attached. This indicates that there may be no cell phone use unless in the break room. Phones must be turned off while at work, unless authorized for business purposes. The use of camera's or camera phones are prohibited on company property and in "company" facilities. 99% of phones have a camera in them - so how can they be used in the break - room if they are prohibited on company property. Mind you I work in an IT dept and all of us have phones that have our music on them that we listen to - so I guess that means no more of that either. But since we have no manual or documents that we've signed - how can they enforce this? On a better note - my check was larger than usual. Talked to my supervisor and apparently they went through all my time cards and gave back money they had "incorrectly" deducted earlier in the year - so my threat of an audit must have scared them silly!!!
Posted 1 month ago # -
OnYourSide
Member
Login to Send PM
Post Count: 405Yes, your threat of an audit DID scare them - as it should have. Check to make sure they gave you everything you were entitled to.
They're entitled to make up any kind of stupid policy they want, even if it's idiotic. I'm guessing they won't enforce this new policy consistently. Make sure YOU follow it.
Posted 1 month ago # -
littlelulu
Super Moderator
Login to Send PM
Post Count: 2914AND keep track of anyone who ABUSES this stupid new policy.
Posted 1 month ago # -
bleeb
Member
Login to Send PM
Post Count: 20Ok - so now I'm paying for it! I just got written up for violating the "attendance policy" and time-keeping policy. First off we don't punch a time clock. We track our time on a spreadsheet and turn it in every two weeks. We are supposed to track our lunch breaks on this as well. When I was introduced to the spreadsheet I had already worked here two weeks and the person that showed me it said to just put in your time and she cut and paste her time for the week and filled it in. So I just assumed it was more for record-keeping of vacation etc more than anything else. Also at this time we would push a buzzer for entrance into the building. So in mid September they put in a new card scanner that lets you in the building - this is not for time tracking - only for entrance and you are not required to scan your card - you can enter through the main door or go in behind someone else. So I was written up because I didn't take a lunch every day (didn't know it was policy since there isn't any), because the time I wrote down didn't match the time I "apparently" came through the door (which I could have come in with someone else, forgot something in my car and went out to get it and then came back in - and we're talking 7 minutes here) and too many "Unexcused" absences. The part I'm having the most trouble with is the absences. I do not have any vacation time or sick time available. My kids all came down with the flu and the school required them to be absent - due to H1N1 etc. I talked to my boss and he told me just to get a doctor's note - which I did. All three of them ended up with it so I was gone a total of 6 days - all unpaid - all covered by a doctor's note. Now I'm written up for it??? Doesn't sound right to me - feels like since I contacted the DOL they decided they were going to "put the screws to me" and someone in my dept told me!!
Posted 2 weeks ago # -
OnYourSide
Member
Login to Send PM
Post Count: 405Explain to me how you can violate an attendance and time-keeping policy that exists only in the imagination of this HR person? I thought they didn't HAVE any written policies on anything? What are they using as the basis for your write-up?
And aren't you salaried exempt? Why are you keeping track of your lunch breaks?
Did they really write you up for being 7 minutes late for work?
They can write you up for attendance infractions, but they're treading on thin ice. They're getting dangerously close to converting you into an Hourly Non-Exempt employee.
BTW: contrary to popular opinion, doctor's notes don't necessarily "excuse" absences. Each employer is free to make up their own rules on how they handle doctor's notes - and as we already know, your employer doesn't have any written rules.
Unfortunately, what's going on here is you have a big bulls-eye on your back, and they're not going to be happy until they succeed in getting rid of you because you're A Troublemaker. You Question Authority and That's A Bad Thing.
My suggestion: Dutifully fill out their stupid time sheets to the minute, keep copies for yourself, and prepare to be fired. You'll soon be filing for Unemployment and the fact that this employer doesn't have any written policies on what their attendance policy is will help you immeasurably in winning.
Posted 2 weeks ago # -
littlelulu
Super Moderator
Login to Send PM
Post Count: 2914I have a former co-worker who was written up for being 3 minutes late (one of four of us that come in on the same highway) due to unexpected road construction. She was the only one written up. We all had to take 5 minutes of annual leave.
Posted 2 weeks ago # -
bleeb
Member
Login to Send PM
Post Count: 20Yes - I am salaried exempt. When I started here we didn't track our lunch. After about a month my manager sent out an email saying that he'd been a bad example for the last 8 years (because he didn't know for 8 years!) and now we're supposed to track our lunch time. I think they want their cake and to eat it too. Also - if they don't require us to scan our cards when we come in - how can they use that to track time? It's not in sync with the clocks in the building or anything! Personally I would rather punch a clock! At least it would be correct and there would be no discrepencies! At least I can say that they have nothing on my performance because my manager told me that I've done more in 6 months here than most people have done in years. So do you think I should sign their stupid write-up - or should I document everything on it first?
Posted 2 weeks ago # -
OnYourSide
Member
Login to Send PM
Post Count: 405Well, NOT signing the stupid write-up doesn't do ANYTHING to protect you - that's what people misunderstand. The write-up EXISTS, whether you sign it or not, and they're going to consider it delivered - and they'll put it in your personnel file, whether you agree with it or not. What you CAN do is politely "object" to it. Here's how:
On the write-up itself, write:
My signature on this document indicates receipt only and not agreement with or acceptance of the charges made herein. In addition, the so-called facts as outlined in this document are incorrect and I wish to dispute them. The correct facts are as follows: (and then write out what really happened). Then sign it and date it.
Make sure you get a copy of it and keep the copy at HOME.
Posted 2 weeks ago # -
littlelulu
Super Moderator
Login to Send PM
Post Count: 2914Thats what I and a fellow bullied former co-worker did when we got bad evaluations. We signed them and put either under protest or under duress and than wrote our rebuttals on the evaluation under "employees response". I can say that this did NOT make the supervisor happy. She was mad that we had the gall to say anything about her comments.
Posted 2 weeks ago # -
bleeb
Member
Login to Send PM
Post Count: 20So I received my check and they paid me for the 6 days that I was absent taking care of my kids, which I said I would take unpaid. What's with that?
Posted 2 weeks ago # -
OnYourSide
Member
Login to Send PM
Post Count: 405Well, since you're a salaried/exempt employee, they had NO BUSINESS deducting those missed days from your paycheck in the first place, as long as you only missed partial weeks and not full weeks. (29CFR541.602 – Wage and Hour Regulations defining Salary basis for Exempt employees)
So when you called that fact to their attention, they checked with their attorney, who told them - Yes, that's true - they cannot deduct money from an exempt employee's paycheck for missed days except in certain very limited situations, but they CAN treat missed time as a disciplinary issue. The key here is that they have to actually have an ATTENDANCE POLICY in place BEFORE they can hold you accountable for it.
So - what's happened is this:
1) They did something illegal (deducted pay from an exempt employee).
2) You called them on it.
3) They gave the money back as the law required. (This is called the "Safe Harbor")
4) Now they're RETALIATING AGAINST YOU by issuing this phony disciplinary action based on the non-existent Attendance Policy.So - your next move should be to contact your local Wage and Hour Division office and file a complaint against your employer for retaliating against you for complaining about their illegal practice (deducting pay from an exempt employee – you) by then writing you up on a disciplinary notice using a non-existent policy.
Here’s the exact wording from the Department of Labor’s Employment Law Guide on the Fair Labor Standards Act:
It is a violation of the Act to fire or in any other manner discriminate against an employee for filing a complaint or for participating in a legal proceeding under the Act.
Employees may find out how to file a complaint by contacting the local Wage and Hour Division office, or by calling the program's toll-free help line at 1-866-4USWAGE (1-866-487-9243). In addition, an employee may file a private suit, generally for the previous two years of back pay (three years in the case of a willful violation) and an equal amount as liquidated damages, plus attorney's fees and court costs.Then they’ll probably retaliate against you AGAIN for filing a complaint against them with the DOL W&H Division – they’ll fire you, and you can then sue the pants off them. (Of course, you won’t have a job, but what the heck – who wants to work for a bunch of unethical cheaters anyway?)
Posted 2 weeks ago # -
bleeb
Member
Login to Send PM
Post Count: 20This place just keeps getting better and better! I received notice from my dr that I need to have some cancerous tissue removed. Talked to my boss and told him - sent an email to him and Miss HR asking how I should handle it in respect to my recent write-up if I don't have enough vacation time accrued to cover the day off. Took 3 days to get a response - which was that he can't use the words "excused" or "unexcused" and he can't tell me it's "ok" or "not ok" - but that since I'm salaried I will be paid regardless if I have enough vacation time. But they can't tell me if it's excused or not!! How ridiculous is that???
Posted 1 week ago # -
littlelulu
Super Moderator
Login to Send PM
Post Count: 2914They can't tell you if it is excused or unexcused to have cancerous tissue removed?!?!?!? What is wrong with these people????
Posted 1 week ago # -
msliberated
Member
Login to Send PM
Post Count: 443Lulu they're ignorant! It is liken to hair dressers who only knew the basics but never go to hairshows for updates/new trends so to speak. These people are clueless of the ADAAA or FMLA laws. They never check for updates because they are not interested on helping their employees. They are there in their places to terrorized not to manage! My boss tried to explain to me about intermittent LOA(that's how he calls it)only because he wrote me up for absences in which I have called in for XXX-headaches and have used my sick time for it. So, with OYS coaching/ I send them a letter that I will turn in to them FMLA intermittent forms which I currently awaiting approval/signature from my med. provider.
Bleeb this is the time that you can educate them yourself and slap them with the new ADAAA revision of what must be accomodated in the new FMLA coverage......Posted 1 week ago # -
bleeb
Member
Login to Send PM
Post Count: 20Part of the problem is that I can't use FMLA since i haven't been here a year. And currently I only have 4 hours of vacation. But I am willing to take the time unpaid if need be - only now they are being jerks about that - saying that because I'm salaried I HAVE to be paid - because I called them on illegal deductions earlier. But how stupid to not have any policy in place stating what are excused or unexcused abscences!!
Posted 1 week ago # -
msliberated
Member
Login to Send PM
Post Count: 443OYS will have an answer to this one bleeb! ADAAA also warned the employers that if they are not sure what is excused/not excused, covered/ not covered , they are however encouraged to accomodate the employees when it comes to medical absences/problems.
That's just my lil' understanding of these things. Hang in there! OYS is coming to the rescuePosted 1 week ago # -
littlelulu
Super Moderator
Login to Send PM
Post Count: 2914But MsLiberated - there is IGNORANT and there is NEGLIGENT in how they are treating this. Cancer can kill people so why are htey being so flippant about this?!?!?!?!? That is INHUMAN, UNFEELING and CALLOUS.
Posted 1 week ago # -
OnYourSide
Member
Login to Send PM
Post Count: 405Yes - Lulu is right - there's ignorant and then there's negligent. But these people are BOTH and they've painted themselves into a tidy little corner. It's kind of funny.
Anyway - sorry to hear you've got cancerous tissue to be removed, bleeb. I hope the procedure goes well and you're back and kicking (their butts) fast!
Here's the deal: An employer CAN deduct pay from a Salaried/Exempt employee's pay IF it's in keeping with the employer's published policy and practice. For example: if your employer has a POLICY that says Exempt employees are permitted to take Unpaid Personal or Medical Leaves of Absence, your employer says you're eligible for an Unpaid Medical LOA, puts you on an Unpaid Medical LOA, and then doesn't pay you for those three days. But as we know, YOUR dopey employer, in their infinite wisdom, doesn't HAVE such a policy or practice - because they want to have the flexibility to change their policies on a whim. This is how it bites them in the A$$.
Now, the flip side of this is that your employer can punish you for having exceeded their "reasonable" personal time by writing you up. Big whoop. Again - no written policy, no legitimate write-up. They come off looking like DOOFUSES. Again.
Posted 1 week ago # -
littlelulu
Super Moderator
Login to Send PM
Post Count: 2914DOOFUSES isn't exactly the word that comes to mind........That type of behavior is what leads to WRONGFUL DEATH LAWSUITS...........And Bleeb, I am not talking about you, I am talking about companies who take NO RESPONSIBILITY for the health & welfare of their employees.
Posted 1 week ago # -
bleeb
Member
Login to Send PM
Post Count: 20Well, I called the DOL Wages & Hours division and they told me that my employer hasn't broken any law. Since they fixed my check all is well. The fact that they wrote me up doesn't matter because they have no jurisdiction over what policies (or lack thereof) an employer has in place. That was a slap in the face!
Posted 4 days ago # -
msliberated
Member
Login to Send PM
Post Count: 443I have the same response from DOL-W&H division bleeb. Since there was no written policy on when we are suppose to receive our annual pay race, which with my last employer takes place on your anniversary and if they give it you later, say after 4 weeks you will then be pro-rated. My present employer did not give me my annual review on time (as always) It took 12 weeks later which is 6 pay period and did not give me retro-pay. So what are we suppose to do?! Bite the bullet.....get cheated and victimised that way too......UNFAIR.
Posted 4 days ago # -
OnYourSide
Member
Login to Send PM
Post Count: 405That's right, bleeb - that's the "Safe Harbor" rule I mentioned above. The Department of Labor doesn't give a CRAP about your employer's policies. They only care about whether your employer follows the LAW. And the LAW says they can't deduct money from your paycheck if you're a salaried employee and if they do so and they give it back, then it's just considered a "mistake" - hence, the "Safe Harbor" rule, which gets them off the hook.
Posted 3 days ago # -
bleeb
Member
Login to Send PM
Post Count: 20So then I have no "retaliation" complaint then - correct? Because who else would I file it with?
Posted 2 days ago # -
OnYourSide
Member
Login to Send PM
Post Count: 405Correct.
Posted 2 days ago # -
littlelulu
Super Moderator
Login to Send PM
Post Count: 2914Guys, I think we all need to get together in cyberspace and have a couple of drinks (feeble smile).........
Posted 1 day ago #
Reply
You must log in to post.