My NYC employer wants to dock my pay for lateness / going over sick days

[HeXen]

i show up 20-30 minutes early for work, every single day, year round.
long trains, blowed tire, bad weather....are no worries for me.

serously, its not that hard to leave sooner. i'd fire you after the 3rd time you were late.
Good job or fantastic job, doesnt mean squat and is just an excuse.

 

[Sluggo]

I used to get docked all the time in NYC.
Oh wait that's different. :biggrin:

Docked yes, but did you allow anyone to board you? :sneaky:

 

[Bignate603]

According to the following link, no, they cannot legally deduct wages unless it falls into a few specific categories.

http://www.labor.ny.gov/formsdocs/wp/LS605.pdf

"Deduction" and "Not paying you because you didn't show up" are two very different things. Again, from how I understand the email they're saying if you can't get there by 10:00 don't even bother showing up.

If you're not going to show up and do the work do them a favor and quit.

 

[Liet]

I do show up and do the work. Well. Just frequently 10 minutes late.

 

[Doppel]

I've worked five years for a small interior design / architecture firm in Soho, doing really everything that's not design or architecture; in theory I pay our vendors once the clients have paid us, but I spend most of my time being interrupted by my megalomaniac, narcissistic president with tasks such as getting his lattes, purchasing his music off Amazon, changing his light bulbs, and making reservations at restaurants. No big deal... I consider it part of my job. The man is genuinely crazy, though; it's commonly understood in the office that he vents a lot, and part of my job is being his personal whipping boy. An example is him calling me fat for years, though I'm 5'6" 140lbs. Really, he's offensive. Seriously.

My job has evolved to encompass my skills: troubleshooting everyone's computers (I built the president's computer off Newegg), helping about half of the office compose emails because my English is decent, and crisis handling. We have frequent crises.

My work is exemplary and I've received every raise I've asked for... two 15% salary increases, both occurring during recessions. However, I have a problem with lateness, though what time I arrive really has no impact on my job. The president wants me there... just kinda because. There are two other "front office" employees there that can run his errands, but he wants ME. Sure, it's his prerogative and my latenesses are never intentional. I'm an insomniac and wake up late. Silly, I know, but I've told them that it's totally cool if they feel the need to fire me over it. Note that this started in January of this year, and for the previous 4 years I'd been getting in between 9:30 and 10 with no comment or indication that it's causing a problem. My manager arrives at 10:30, usually.

Today I took my 8th sick day of the 6 permitted, though I have about 10 days of vacation time left. Incidentally, they've "fired" me 5 times in the past few months, but basically I'm well-liked and integral to the company's operation so they don't go through with it.

Just now I receive this email with a "Vacation Policy & Procedures" attachment which was just written today by my office manager, amusingly enough. I'm tired of drama... I just want to do my damn job. I have a lot of work to do to ensure our clients are happy, our overseas vendors receive their Euro transfers, and our plotter doesn't break yet again. However, my two bosses spend so much energy on this that they actually make it very difficult me to to the things I am paid to do.



Disregarding the insult that I am not dedicated (they love the work I do and know I stay late plenty) I'm wondering whether they can legally do any of these things? So far my NY State Dept. of Labor research is slow going.

Ciffs:
- Work hard, do good job
- Am late frequently, took 8 of 6 sick days (about 8 vacation days remaining)
- boss writes up leave policy and threatens docking

LOL, this is hardly even believable, it's so funny. Anyway, your boss is a total douche, but then again so are you for putting up with it. You are his bitch. If I ever received an email like that I would laugh my ass off, show it to my co-workers, and walk the F out. But you won't, instead you post on AT. And this is after five years? Pull your pants down in front of your boss, put your junk on his desk, and show him what you grew and that you won't be treated like a little punk anymore by him.

Or, stay at work but if you do please post more threads like this, it's quite entertaining!

 

[Liet]

You got it!

 

[amdhunter]

Keep it up and you'll be on Wall Street with all the other self entitled selfish spoiled pricks.

 

[Wreckem]

Tell them it would be illegal to dock you pay. They will just fire you out right and since it would be for cause for repeated infractions, you yourself have said they have thought about firing you 6 times recently, you likely won't get unemployment.

They have every right to fire you at the moment and they could easily fire you in a way where you aren't qualified for unemployment.

Its time to grow the fuck up, act like an adult, show up on time, and quit taking excessive sick days.

 

[Rubycon]

Docked yes, but did you allow anyone to board you? :sneaky:

I prefer a paddling when engine troubles arise. :awe:

 

[JS80]

Since you're salaried, it's illegal to dock your pay. However, your job should be hourly.

Call their bluff and tell them to fire you. Then you can get unemployment and do coke all night every night.

Regardless, no fucking excuse to by tardy every day. I wouldn't tolerate that shit.

 

[Farang]

You are a poor employee and they are well within their rights to fire you. What you are seeing now is them documenting their firing of you, before it happens, so that they aren't liable for your unemployment claim.

As a decision, you have already been fired. You just haven't been told yet.

I would get hard at work finding a new job. You are going to be screwed if you are out on the street with no manager to give you a professional reference within the past 5 years.

edit: The reason I say you're already fired is that I've been here. The language you're seeing--'we love you,' want you to stay, we've already told you about this, etc., seems to me to be clear documentation on their part that 'we tried our best and you did not listen.'

 

[brianmanahan]

Keep it up and you'll be on Wall Street with all the other self entitled selfish spoiled pricks.

or he can just marry a doctor, then he doesnt have to work

ZING

oh wait, im confusing an indian with an azn, my bad

 

[Lifted]

Are you really considering calling them on the labor law issues? They've been very lax about your lateness, I wouldn't push it.

With the economy the way it is, and with the type of job you have, I wouldn't push things. It doesn't sound like anyone there would be willing to give you a glowing review if you're fired. If this really rubs you the wrong way, start applying for other jobs now just to see what's out there for somebody in your position (executive assistant?). Without a glowing review from the president at your current job, you're going to have one hell of a time finding an HR person that's going to stick their neck out by handing you off to one of their execs.

The two front office assistants at my job were fired for showing up 5 - 10 minutes late here and there. With the type of job you have, being 5 - 10 minutes early is required.

 

[BoomerD]

I'm salaried.

Do you meet the strict qualifications to be salaried exempt per the US Fair Labor Standards Act?

http://www.labor.ny.gov/legal/couns...time-exemption-frequently-asked-questions.pdf

To qualify for the Executive employee exception, an individual must meet all of the following tests:

 The Employee’s primary duty consists of the management of the enterprise

 The Employee customarily and regularly directs the work of two or more other employees

 The Employee has the authority to hire or fire other employees

 The Employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion, or any other change of status of other employees have particular weight

 The Employee customarily and regularly exercises discretionary powers

 The Employee is paid on a salary basis of not less than $543.75 per week inclusive of board, lodging, or other allowances

If so...

An exempt employee must receive the full salary for any week in which the employee performs any work, regardless of the number of days or hours worked.

For more info:
http://www.dol.gov/elaws/esa/flsa/screen75.asp

Since you're salaried, it's illegal to dock your pay. However, your job should be hourly.

Call their bluff and tell them to fire you. Then you can get unemployment and do coke all night every night.

Regardless, no fucking excuse to by tardy every day. I wouldn't tolerate that shit.

No, it's legal to dock his salary if he's considered to be a non-exempt salaried worker...and from what he's said, he SHOULD be. (and if he works overtime, he SHOULD be paid overtime for those hours as well.)

From what he's posted here, he also SHOULD be fired. I suspect he'll be denied unemployment for being "fired for cause," especially if the employer has maintained a good paper trail, but every state is different.

 

[SAWYER]

Seems to me you need a reality check. Get your shit together and get real, most jobs will not allow you to routinely be late

 

[Slew Foot]

I dont care how fucking amazing you are, if you show up late, youre holding everyone else up. If I was your boss, Id have fired you long ago.

 

[Insomniator]

LOL are you serious? Try showing up on time. Doesn't matter how 'awesome' you are, if they want you on time then get there on time.

I show up to work a half hour late every day too... but if they said one word about it I'd be there on time or early every day from then on.

Building the president's computer doesn't mean crap.

 

[Liet]

I dont care how fucking amazing you are, if you show up late, youre holding everyone else up. If I was your boss, Id have fired you long ago.

My own boss has told me that there's absolutely no reason to be there at 9:30 vs. 9:45 or 10. She often comes in at 10:30. That said, I still understand it's their prerogative to insist on 9:30 or firing, but in this case it's genuinely a result of the president projecting his insecurities on someone he mistakenly thinks is expendable. This is acknowledged by my other boss.

 

[KevinCU]

My own boss has told me that there's absolutely no reason to be there at 9:30 vs. 9:45 or 10. She often comes in at 10:30. That said, I still understand it's their prerogative to insist on 9:30 or firing, but in this case it's genuinely a result of the president projecting his insecurities on someone he mistakenly thinks is expendable. This is acknowledged by my other boss.

Get your head out of your ass. You are easily replaced. Be thankful you even have a job with that attitude.

 

[MotF Bane]

Get your head out of your ass. You are easily replaced. Be thankful you even have a job with that attitude.

!!!!

I thought you got perma'd.

 

[Engineer]

!!!!

I thought you got perma'd.

I was surprised to see this also..but wasn't it JohnCU that was permabanned?:hmm:

 

[KevinCU]

!!!!

I thought you got perma'd.

Nah, I think the longest I've been banned for was maybe a week tops? John is perma'd from what I can tell.

 

[classy]

People are begging for jobs. You got one and won't even show up to work on time.

 

[BlahBlahYouToo]

I've worked five years for a small interior design / architecture firm in Soho, doing really everything that's not design or architecture; in theory I pay our vendors once the clients have paid us, but I spend most of my time being interrupted by my megalomaniac, narcissistic president with tasks such as getting his lattes, purchasing his music off Amazon, changing his light bulbs, and making reservations at restaurants. No big deal... I consider it part of my job. The man is genuinely crazy, though; it's commonly understood in the office that he vents a lot, and part of my job is being his personal whipping boy. An example is him calling me fat for years, though I'm 5'6" 140lbs. Really, he's offensive. Seriously.

My job has evolved to encompass my skills: troubleshooting everyone's computers (I built the president's computer off Newegg), helping about half of the office compose emails because my English is decent, and crisis handling. We have frequent crises.

My work is exemplary and I've received every raise I've asked for... two 15% salary increases, both occurring during recessions. However, I have a problem with lateness, though what time I arrive really has no impact on my job. The president wants me there... just kinda because. There are two other "front office" employees there that can run his errands, but he wants ME. Sure, it's his prerogative and my latenesses are never intentional. I'm an insomniac and wake up late. Silly, I know, but I've told them that it's totally cool if they feel the need to fire me over it. Note that this started in January of this year, and for the previous 4 years I'd been getting in between 9:30 and 10 with no comment or indication that it's causing a problem. My manager arrives at 10:30, usually.

Today I took my 8th sick day of the 6 permitted, though I have about 10 days of vacation time left. Incidentally, they've "fired" me 5 times in the past few months, but basically I'm well-liked and integral to the company's operation so they don't go through with it.

Just now I receive this email with a "Vacation Policy & Procedures" attachment which was just written today by my office manager, amusingly enough. I'm tired of drama... I just want to do my damn job. I have a lot of work to do to ensure our clients are happy, our overseas vendors receive their Euro transfers, and our plotter doesn't break yet again. However, my two bosses spend so much energy on this that they actually make it very difficult me to to the things I am paid to do.



Disregarding the insult that I am not dedicated (they love the work I do and know I stay late plenty) I'm wondering whether they can legally do any of these things? So far my NY State Dept. of Labor research is slow going.

Ciffs:
- Work hard, do good job
- Am late frequently, took 8 of 6 sick days (about 8 vacation days remaining)
- boss writes up leave policy and threatens docking

just read the post.
you're in the wrong. policy is policy. if you want to work a later schedule, discuss it with the boss and get his approval.

just wondering, how old are you?
i can't imagine a responsible adult acting like this.

 

[Dedpuhl]

You should've been shit-canned a long time ago. Then again, it doesn't surprise me that architects are dragging their feet and letting this happen.