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

[Liet]

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.

xxx,

Both [President] & I are upset and disappointed by your excessive absence and chronic tardiness. Including today, you have used 2 sick day beyond what is permitted. You have been late too many times to count! In lieu of complete dismissal, xxx has offered the following:

· Stay home tomorrow (Friday) from work without pay.

· If you get sick or need a legitimate personal day it will be without pay.

· If you show up for work late after 9:30 am three more times, your paycheck will be docked; the fourth time you will be dismissed.

· If you are late and can’t show up by 10:00 am, you will not be paid for that day.


xxx, we love you and want you to continue working in this office. This is why we have been so patient until now. We hope you can start again on Monday with a new fresh outlook and dedication to your position.

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

 

[Anubis]

call their bulff

 

[Imp]

9:30 seems to be a pretty reasonable "must be in" time. I'm also an insomniac and get in at 10am nowadays, but managed when I had 8:30 starts; I know my bosses don't give a shit, so I abuse it a bit now.

Play their game, show up sick and spread the love?

 

[chowderhead]

If they want you there at 9am, you should be there at 9am. Suck it up, move closer, etc. whatever. If you do not want to follow their rules, quit.

 

[IndyColtsFan]

If they want you there at 9am, you should be there at 9am. Suck it up, move closer, etc. whatever. If you do not want to follow their rules, quit.

This. I personally don't think they're being unreasonable. I've seen people fired on many occasions for doing the stuff you're doing.

 

[olds]

I don't sleep for shit and I am at work everyday at 6 AM. You gotta do what ya gotta do.

 

[LikeLinus]

"Disregarding the insult that I am not dedicated"

You're disrespecting your job and obviously lack dedication if you cannot follow the rules they set. Hell, 9:30 is a late start time and it's not their fault that you are unable to come in on time. They have rules in place and they've bent over backwards by allowing you to get away with it for so long. Respected or not, you will eventually be fired for the total lack of respect for your job. They pay you to be there.....

 

[halik]

Quit if it's that big of a deal? Getting in by 9am is far from unreasonable...

 

[sactoking]

Two options: Get a medical excuse for your insomnia so that they have to deal with it or show up on time. Either the insomnia is a medically-debilitating condition that you can prove or you are held to the same standard the rest of the world is.

 

[Liet]

I'm fine with being fired if they feel it's necessary, and I've told them so. I'm just trying to figure out whether it's legal to dock me for showing up late, or not pay me if I show up after 10 but they still expect me to work.

From what I understand, the ONLY time you can deduct wages from an employee is if it's legally mandatory (taxes & medicare payments), or if it's an payment authorized by the employee such as transit cards, healthcare payments, 401k, etc.

 

[Liet]

Quit if it's that big of a deal? Getting in by 9am is far from unreasonable...

I totally agree, it's totally reasonable. Sometimes I do, other times I'm in before 10. I still work late and am over 40+ hours per week. Please bear in mind that this thread isn't about whether being late is excusable or not - it's completely my fault and I've made it clear I understand that. What I'm asking about is the legality.

It's silly, but I'm still trying to help my office manager by making sure she adheres to the law so our company doesn't get in trouble, hah!

 

[kranky]

At my job I could never try to claim extra sick days instead of using vacation days. Without additional comment, though, the answer is yes - they can do all of those things.

OK, I will make one comment. I once worked for a crazy guy who was the president of the company. People like that don't care what is best for the company. It's more important to them that they can order people around. So when you get an email like the one you got, don't think they are bluffing. It doesn't matter that they would be better off letting you come in late, or take an extra sick day or two. That's not how they decide things. They have decided you need to be put in your place and don't think for a minute they won't fire you if you don't toe the line. I saw it happen over and over.

edit: I don't think they can refuse to pay you if you come in late and work the day. But they could send you home for coming in late and refuse to pay you.

 

[olds]

They can't dock you if you actually worked the hours. But if you are out of sick leave and call in sick, of course they can dock you.

If you come in at 10 and work till noon and take no sick leave or vacation, they only have to pay for the 2 hours. I guess you might feel that you were docked 6 hours.

 

[Ns1]

if i were the president i'd hire another guy to start shadowing you asap

 

[Chrono]

Are you salaried or hourly? If they want 8.5-9 hour job days (lunch included) then do just that. Do your 40 hours and get out?

 

[olds]

BTW, I think he is calling their bluff. He doesn't believe they will fire him. Of course with this economy there are lots of jobs out there so it's worth the risk.

 

[FoBoT]

start looking for another job

 

[KK]

Just quit, you don't want to work for a bunch of hard asses.

 

[sygyzy]

Quit. Not because I think you're in the right but it would just be better off for everyone. I don't doubt you are helpful but I also don't doubt a lot of people could do your job.

 

[Liet]

BTW, I think he is calling their bluff. He doesn't believe they will fire him. Of course with this economy there are lots of jobs out there so it's worth the risk.

I don't really care if it's a bluff, you know? I've been "fired" like this about 6 times already, and usually my two bosses waste more time on this than on making money for the company. My work is great and I've never been denied a raise... my raises have typically been 15% and intended to acknowledge that I bring a lot of extra skills to the job which save the company money. E.g. I'm the only one that knows how to add one of our networked copiers to a system; without me, they'd have to waste money calling our outsourced tech guys and waste even more money in the installation delay. I'm the only one that knows how to update the web site, etc.

 

[Liet]

Quit. Not because I think you're in the right but it would just be better off for everyone. I don't doubt you are helpful but I also don't doubt a lot of people could do your job.

If I quit, I don't get unemployment. I support my 77-yr old father, and have been supporting my family since I was a kid. I don't have the luxury of going without pay for any extended period.

Also, they rely on me heavily but are really bad managers. Look, they're punishing me by making me take a 4-day weekend. I even asked if I could go in tomorrow because I have work that needs to get done, work that makes the company money.

 

[olds]

I don't really care if it's a bluff, you know? I've been "fired" like this about 6 times already, and usually my two bosses waste more time on this than on making money for the company. My work is great and I've never been denied a raise... my raises have typically been 15% and intended to acknowledge that I bring a lot of extra skills to the job which save the company money. E.g. I'm the only one that knows how to add one of our networked copiers to a system; without me, they'd have to waste money calling the tech guys and waste even more money on the delay the tech guys would incur to get it installed. I'm the only one that knows how to update the web site, etc.

I know. That's why I said that you ARE calling their bluff.

 

[Liet]

I know, I'm just elaborating, not contradicting.

 

[uhohs]

1. start looking for a new job.
2. don't screw up/piss the bosses off at that one.

sorry, but I think that's the best course of action.

 

[Gibson486]

?

Stop being late.

So far, you acknowledged that you do come in late lots of times.

Your excuse for all this....You are good at your job.

And? So, because you are good at your job, that gives you the right to create liberties that they do not want to give you?

Get your head out of your ass. You work for an architectural firm, which probably means you work for a firm that values being billable. If you say you are as good as you are, then you being late decreases everyone elses billable time. Yeah, your good, but you cost them more money then they should be spending on you because everyone is waiting for you to come in on time. You are in a support role. That means you support other people, so you have to be there during office hours to support them.