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

[darkxshade]

You can be docked for the sick days

If you are non exempt salaried employee(if you're salaried and get overtime), you can also get docked for being late.

You sound like a douchebag the way you keep saying it's cool if they fired as if you're egging them on daring them to do it. Seems like you want to get fired so you can suck on the governments tit. You can also be fired and not be eligible for unemployment.

 

[PowerEngineer]

Even if you are right that they aren't allowed to dock your pay, I know they are allowed to take tardiness and excessive sick leave (not covered by "protected" leave laws) into account when evaluating you job performance. Their more legal option might be to write you up a brand new lower performance appraisal and then reduce your salary. Be careful what you pray for! :\

I'm thinking that what has everyone here scratching their heads is your ambivalent attitude toward your contribution to the problem. I'm not getting the sense that you intend to put any effort into correcting your attendance shortcomings. Perhaps your bosses are picking up on this too?

 

[Liet]

From what I can tell, I am an exempt employee under the administrative overtime exemption (http://labor.ny.gov/legal/counsel/p...time-exemption-frequently-asked-questions.pdf). I'm salaried, fulfill the requirements and don't receive overtime.

Maybe I didn't articulate well, sorry. It would not be cool to get fired, because I love my job, love my coworkers, and I'm good at what I do. What I meant by "cool" is that I'll understand if they think it's necessary. No, I'd rather work than be on unemployment, and tomorrow since they're making me take an unpaid day I'm looking for work in a different field.

Again, for those who seem to have trouble understanding it: I'm totally at fault for lateness. It's wrong. It sucks for all involved. I agree with you. Thanks for your input.

 

[Liet]

Even if you are right that they aren't allowed to dock your pay, I know they are allowed to take tardiness and excessive sick leave (not covered by "protected" leave laws) into account when evaluating you job performance. Their more legal option might be to write you up a brand new lower performance appraisal and then reduce your salary. Be careful what you pray for! :\

I'm thinking that what has everyone here scratching their heads is your ambivalent attitude toward your contribution to the problem. I'm not getting the sense that you intend to put any effort into correcting your attendance shortcomings. Perhaps your bosses are picking up on this too?

Hmmm, thanks! Helpful.

Sorry if I come off ambivalent. I punish myself harder than they do when I'm late, honestly and I'm just not trying to defend myself on it in this thread... just asking about the legality of docking for it in this thread. It's wrong, I hate it, I feel guilty when I get in at 9:40, and I know the effect it has on my bosses. Good news it that I've been on time every day for the past week or two, except for my calling out today (felt sick). Been trying!

 

[HamburgerBoy]

Hmmm, thanks! Helpful.

Sorry if I come off ambivalent. I punish myself harder than they do when I'm late, honestly and I'm just not trying to defend myself on it in this thread... just asking about the legality of docking for it in this thread. It's wrong, I hate it, I feel guilty when I get in at 9:40, and I know the effect it has on my bosses. Good news it that I've been on time every day for the past week or two, except for my calling out today (felt sick). Been trying!

You confuse a passing whisper of guilt with self-mutilation due to your inexperience with the former.

 

[darrontrask]

WOW! This has to be a fucking joke. Besides the facts that you are blatently violating the company policy, you are setting a bad example for the rest of the employees.

Why exactly are you special? Give me a fucking break. You come in "when you get there" take off time that you are not entitled to and you are wondering if it is legal for them to fire you? Wake the fuck up!

In NYS they cannot fire you for calling in sick, regardless of how much time you have used, but what they can do is require you to get a note from your Dr. that says you were too sick to work and then if they feel that isn't good enough they can make you see a DR. of their choosing.

I need your real name so if you ever apply for a job with me I know which file to put it in.

 

[Liet]

You confuse a passing whisper of guilt with self-mutilation due to your inexperience with the former.

You don't know me very well.

 

[Liet]

Legal to dock. You didn't read it either.

 

[etrigan420]

Wow man (or woman...), you've certainly riled the fucking ATOT'ers, haven't you?

WOE IS UNTO YOU...and stuff.

No advice really, but from what you've said it almost sounds like the powers that be at your place of employment have it in for you.

What you should do is try...really try...to be 10 minutes early every day for a month straight. No overtime. Then re-evaluate at that time. Maybe they'll realize that having "looser hours" works better for you and the productivity of the business in general.

Just a thought. Good luck to you.

 

[BlahBlahYouToo]

Again, for those who seem to have trouble understanding it: I'm totally at fault for lateness. It's wrong. It sucks for all involved. I agree with you. Thanks for your input.

no, i fully understand you.
you are aware of your tardiness and are ready to accept the consequences.

however, you do feel that your performance in some way justifies it. that's why you wrote your long OP about how awesome you are at your job.
otherwise, the thread would've been "can they legally dock pay for hours that i worked."

 

[WackyDan]

Sounds like you should be down on wall street with the OWS protesters who don't want to work to their full potential. Show up on time or be fired, seems pretty straight forward to me. Once you comply with policy for a while you might be surprised on the fact that they'll be flexible with you when you *really need it.

 

[Liet]

Hey, good point. I do, in some way. Mainly I dislike that the standard isn't applied equally to every employee, many of whom arrive 30 minutes late. I accept it and try to do my job, though; It's joked about in the office that I bear the brunt of the president's misplaced tantrums, because I'm the go-to guy for... well, everything. This is a man that literally stamps his feet and screams if the Four Seasons restaurant can't give him a reservation on same-day notice.

 

[bononos]

1. Stop coming in late. No excuse for this one. 2. Tape your bosses ventings surreptitiously. Save his angry emails if any. 3. Look for a new job.

 

[dmcowen674]

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

I have a problem with lateness

I want to fire your ass

You don't deserve the job no matter how hard you say you "work".

 

[Elganja]

You sound like an ungrateful fuck, you should be happy you even have a job to start with.

I'm going to laugh so hard when you get fired and you don't get unemployment because you were fired with a reason.

and this:

i don't give a shit if you are amazing at your job. you are sopposed to be at work. you aren't.

you are on sick day #8 and are late often. really how fucking hard is it to show up on time?

 

[gorcorps]

Get the fuck to work and stop posting. Like many others feel, you sound like an ungrateful jackass who wants everything handed to him. You think you're special, though any chimp could change a lightbulb, get coffee, or write an email. There are thousands of people more willing to do your job for cheaper... so I'd shape up or you'll never get another job. This employer gave you far more chances than others will.

This week is our major maintenance week. I had to show up by 3am on Tuesday to make sure things got done. You know when I got there? 2:45am If you can't make 9:30 you should be slapped in the face.

 

[dabuddha]

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.

This whole thing doesn't make sense. On one hand, you act all casual like you don't give a shit about the job. Then you're claiming that you can't afford to quit because you're supporting the family. Yet you don't want to go into work on time? Are you looking for a way to mooch free money off the government (unemployment) ?

 

[Fingolfin269]

Really though, how hard is it to be somewhere on time?

 

[Rage187]

I want to fire your ass

You don't deserve the job no matter how hard you say you "work".

this, you'd be gone with reasonable cause.

 

[Tweak155]

Hmmm, thanks! Helpful.

Sorry if I come off ambivalent. I punish myself harder than they do when I'm late, honestly and I'm just not trying to defend myself on it in this thread... just asking about the legality of docking for it in this thread. It's wrong, I hate it, I feel guilty when I get in at 9:40, and I know the effect it has on my bosses. Good news it that I've been on time every day for the past week or two, except for my calling out today (felt sick). Been trying!

Then what is all the story for? Why wouldn't you say: "If I have 6 sick days but need to use 8, can my pay legally be docked?"

DONE.

 

[rudder]

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

Let them dock your pay. However, send them a large bill for overtime fees.

 

[Exterous]

This whole thing doesn't make sense. On one hand, you act all casual like you don't give a shit about the job. Then you're claiming that you can't afford to quit because you're supporting the family. Yet you don't want to go into work on time?

This. If you care about your job - get the fuck there on time. No valid reason not to

If it's your fault you are late - fix that! If tardiness is an issue, you know its your fault and its risking your job what reason do you have for not fixing the issue? Seriously - I want to know

 

[Elbryn]

Hey, good point. I do, in some way. Mainly I dislike that the standard isn't applied equally to every employee, many of whom arrive 30 minutes late. I accept it and try to do my job, though; It's joked about in the office that I bear the brunt of the president's misplaced tantrums, because I'm the go-to guy for... well, everything. This is a man that literally stamps his feet and screams if the Four Seasons restaurant can't give him a reservation on same-day notice.

ya cant go about trying to justify your being late with others being late. when it comes to the job, it only matters based on what you do. antics are antics. if you've got the skills you say you do and are tired of the antics, find another job and move on. if being in later is a valued thing to you, find a job that allows you flex time.

you ask about the legality of docking pay but if what they do is found to be illegal, are you gonna rat them out to whatever the powers that be? sounds alot like a lose-lose scenario when you've admitted to having fiscal responsibilities to shoulder. what's more important? food and heat for pops? or losing your source of income, and possibly losing the peanuts unemployment would get you?

this sounds like a revenge tilted action where you just want to counterpoint and be able to throw it back in their faces.. makes me wonder if you arnt taking on some of the traits of your president and playing their game. put more value on your own self and do what's best for you.

 

[Kev]

luckily DST is this weekend, so you can shift your entire schedule back 1 hr.

 

[alent1234]

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!

the email is a paper trail to fire you if they want you. if start talking legal nonsense they will fire you for being late and they will probably have the paper proof in case you sue them