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Work drama. Have fun.
I've worked for a division of a large company for 2 years. Last year two children (relatives) were placed with me and DH by Child Protective Services. Because of the reasons for the placement, we were required to take them to medical appointments weekly, have caseworker meetings, people coming to our house and generally there was a LOT of stress, needing to take time off from work every week and other stuff.
The day I got the call from CPS was just before a holiday weekend. I had requested the Friday and Tuesday as days off so it would be five-day weekend (we had plans to take these two and another child on a weekend trip). On that same day I received some time-sensitive documents for work. I took a quick glance through the mail before I left, told my boss that we received the documents (I'd been after him for months to get this matter dealt with and because of the delays it became an issue) and left for the weekend, which had turned into a meeting with CPS, dealing with the mother, medical and legal stuff to be taken care of, etc. instead of a fun vacation.
Normally, there are four people in my position supporting a staff of about 12 people. However, one of my co-workers was promoted and another needed to take an extended leave so we only had two instead of four. Standard practice is that we check each other's mail and deal with emergencies but three people were out of the office and I had told my boss; I figured I could put it on the calendar when I got back. The deadline had passed while I was out of the office. I had in my head that it was due Thursday instead of Tuesday and it would be okay until I got back on Wednesday. My head wasn't where it should have been for working with time-sensitive documents.
For several months the two of us were doing the work of four employees. I was also trying to take care of the stuff ordered by the court and CPS so I was missing at least one day per week of work and very stressed and frazzled. During the winter break the children were returned to their mother.
When the co-worker who was on leave came back I was placed on an administrative watch because my work performance was "below expectations." Because I was on this watch I couldn't take time from work, and I was out of paid vacation time. Also, I knew that the other co-worker was going on an extended leave in a month. We did hire a new person to replace the co-worker who was promoted so we were staffed better.
In January my boss's boss was in town and I asked for a meeting. He called my boss in on the meeting when I started asking questions about where things stood, which made me uncomfortable since a portion of the meeting was about things going on in the office and our relationship. I'd also asked that the supervision be extended because of the fact that at least half of it was while the children were still under my care and because the co-worker was still out and it would be impossible for them to staff the office with someone that leaves in the middle of the afternoon and someone who has only been in the office a few weeks (they hired a new employee in early December). I told them to keep me on until my co-worker came back from her leave and in the meantime train our (amazing) temp to do my job and hire her to replace me if they wanted to let me go.
Later that month I was told that there was a "recommendation for termination" based on my performance. I decided to fight the decision. I was unable to take leave due to the office being understaffed (even though they said it wasn't my problem to worry about staffing I knew where the office stood when I was taking time off), rebuttals to what my boss was saying were "deficiencies" (sp?) and I was working through lunches and leaving late to catch up and get off the supervision.
After the boss's boss received my e-mail they decided to extend the supervision and asked for proof that I worked overtime so they could pay me. My goal was only to argue to stay until March as I had requested (I don't need the job but I love my co-workers and the income and benefits) and see what happens in the time frame where I didn't have the outside responsibilities. I wasn't looking to get paid.
I don't want the money, never cared about it. I only wanted the ability to stay until our co-worker came back and I could get fair treatment in the meantime and I was willing to pull out all the stops to get it. Yes, I worked overtime. Yes, I worked through lunches. Most of us do, actually. I told them I couldn't sit down and remember every time I worked extra (who can if you don't keep a record of it?) So they audited my computer and key-card for the time frame we had the children and told me last week that they couldn't find any time I worked overtime but instead I took off too much time that wasn't entered onto our computer system and I owe the company time from last year that they are going to take out of my paycheck this week.
I'm not worried about the money but my husband is ticked.off. They've been treating me poorly and breaking the law as far as he's concerned and they're not allowed to take money out of my paycheck this year for something that happened last year. They can, however, fire me, especially since I'm on this management supervision. They are being "nice" by only taking money from my paycheck. I, on the other hand, think it would be "nice" for them to acknowledge that I worked through at least as many lunches as hours they want to take from my paycheck even if I can't "prove" it by giving them exact dates. Anyone in my office could confirm that I did at least 15 times last year, even (especially) my boss. I've worked an hour past quitting time or come in a half-hour early any number of times.
Last week I was told they were taking money from my next check. On Friday I had a meeting with my boss and her boss and the head of HR. Even after talking with them and telling them my concerns and my issues they are still going to take the money from my paycheck this week. I didn't outright tell them "you are breaking the law" (not my job when I'm talking to a guy with a law degree and a high-ranking specialist in human resources for a major company) but I did tell them several times I was "concerned they were doing this retroactively." Taking money from my paycheck when they know that I've worked as many hours unpaid (but I can't "prove" it) that's making me angry. I've never asked them to give me money for the times I've worked but they're feeling compelled to, obviously, to "balance the sheets" so they don't get sued. They didn't ask me to work the time so I don't ask them to pay me for it.
My husband says he's tired of the bull$hit and wants me to sue them (I've talked with an attorney and they are breaking several laws.) I like my co-workers and don't want to cause a toxic workplace and I don't want to complain or make any more waves than I already have. But I don't want them to walk all over me and not correct their mistakes either.
Sorry it's long. Paragraphs are your friend and all that. I'm mostly just trying to type my thoughts out and here I am. If you recognize who I might be, please respect the fact that this is an AE.
Re: Work drama. Have fun.
I'm sorry you're going through this. I don't really have an advice except to do what you think is best.
My work also did illegal things to me and on Monday I'll be talking to HR and the people that deal with the American Disability Act within my government employment. Ugh, I'm so not looking forward to it.
GL!
This doesn't sound illegal. If you were getting paid for time that you didn't actually work... that's technically stealing from the company and it sounds like they'd have the right to recoup that money (if not press charges... I had a coworker who used to do this). You keep talking about these lunches worked through... but 15 lunches = 15 hours... and that does not sound anywhere close to the amount of time you were out.
I honestly think the best bet right now for both you and your employer is to part ways. Without a lawsuit. Just go. You want to quit and they want you to quit. Stop postponing the inevitable.
I get that it sucks... you were out of work for a charitable reason. But sometimes good intentions have bad consequences. They own a business and need someone sitting in that seat for X number of hours. If you're not meeting your end of the bargain... they need someone else who doesn't have constant appointments and time off.
Currently Reading: Don Quixote by Miguel De Cervantes
Currently Reading: Don Quixote by Miguel De Cervantes
What exactly have they done that's illegal? You tell us how your DH THINKS taking $$ for last year is illegal, and you've supposedly met w/ an attorney who agrees they've done a "few things" - but... what are those things?
And as imoan said, you getting paid for time that you didnt actually work - that's really not exactly "legal" either. So.... be careful with this.
Also, I agree. Did you ever talk to HR about FMLA coverage? That doesn't negate if you had the vacation/sick time to use or not, but it would have protected your absences from being used against you as they seem to be doing now.
There is a lot going on here, but there are a LOT of holes/ questions about your (very long) story..
~Benjamin Franklin
DS dx with celiac disease 5/28/10
I'm only going to speak to your pay questions. Once you alerted the company that you worked OT without payment they became obligated to pay you for that time. It doesn't matter that you didn't ask for the money. The law says you must be paid for all time worked - if they didn't pay you once you told them you could file claim.
It is completely legal to take the money out of your check that you were overpaid. If you didn't work the time then you shouldn't have been paid. They can take that back from you legally. It doesn't matter that it was a different year as long as your 2012 earnings are correct.
Even if she has absolutely NO record of this supposed OT? I think that's what the issue is. Not that they don't want to pay her for OT worked... but that she has no record of having worked that OT outside of "yes, I worked through lunch a bunch of times and there were a handful of times I stay a half an hour to an hour late". How is the company supposed to pay her if she can't tell them how much they owe her? And in that case, what would keep people from saying they worked 100 days work of OT and the company would just have to pay them, no questions asked?
Currently Reading: Don Quixote by Miguel De Cervantes
To answer some questions, my direct boss knows that I worked the overtime, she is not acknowledging it to her superiors because it could get her in trouble. She's "told me to go home" and she's seen me work through lunch. We've even semi-joked that she can't make me exempt. Her comment in our meeting with her bosses was "maybe you just felt like you were working extra because you had so much going on." That is not the case. She's the office manager and in our office; the other two people are in different offices.
Anyone in my office could verify that I worked through lunches. Most of us do at one time or another. And only 1-2 lunches per month would equal out to what they are stating I "took." I won't ask a co-worker back up my story; they have to work there and have bills to pay. Simple as that. (Although one of my bosses told me on Friday that he would confirm that I worked through plenty of lunches and stay late. He just gave his notice so I might take him up on it since his job isn't on the line. And he is one of the most honest, respected and rock-solid people in the office, with no hidden agenda.)
I should be able to verify that I stayed late, despite what the computer records show based on a time-stamped note in one of the files. I'll have to check into it on Monday to see if my memory is correct. And if it is, I suppose that means they have some explaining to do as to why their records show no additional hours worked. I had a lot going on back then though which is the problem. Again, my direct boss has seen me work hours beyond what they are taking from me. But - see above.
I thought I explained why I didn't take FMLA. We were down two positions (out of four) which was already extremely difficult and my taking leave would have been detrimental. I'm not saying I'm irreplaceable but having three out of four seats empty in an extremely busy office would be almost catastrophic. We did hire some temps to help out but none of them worked out long-term (one lasted two days before refusing to come back, one was released after a week when it was learned she was having inappropriate relationship with a competitor, one took a permanent position elsewhere.) I would have taken leave between when the first co-worker came back from hers and before the second left for hers but I was placed on the management watch. And then the kids were returned to their mother so there was no longer a "need" since I was no longer caring for them.)
As for leaving, it's not my preference. I like the job and the co-workers and the benefits and even the boss for the most part. I know where she's coming from and I feel for her. She wants to move up the ladder and this is a black mark on her first management position. I would like this to all go away and get on with my job and my life and let them get on with theirs. Currently, my numbers and performance are or should be high enough that they can't fire me based on my performance. If it says anything about anything, out of ten professional positions in our office we've had two leave under her watch, another who just gave notice and one receiving medical treatment for possible job/stress-related reasons who is "hoping to get out."
You should have kept track of the hours worked, even if it was an extra 15 minutes. I do it at my office, even though I've had bosses who say, "oh, it's no big deal." It is a big deal and I've known people who have gotten in major trouble in the past for failing to properly record their time, even if their bosses "knew" they worked the hours.
I agree with pp who say you should cut your losses now. See if you can part on civil terms, if you don't need the job as you say. This only sounds like it is going to get more dramatic, particularly if you escalate it by throwing lawsuits into the mix.
I'm sorry if I wasn't clear originally - they have to look into it and pay for hours worked. They couldn't just sit in the meeting and listen to her say she worked OT and take no action. If no OT was worked or verifiable then they don't have to pay for it. I was speaking mostly to the part of "I didn't want them to pay it so why are they even looking into it".
If you did that under FMLA, that would mean they can't use that time off against you, as they now seem to be doing.
~Benjamin Franklin
DS dx with celiac disease 5/28/10
It doesn't sit right with me that you keep blaming this clusterfook on your boss' need to move up the corporate ladder. If I was your boss and was paying you to do a job that you weren't physically there to do- I'd be pissed to. If she was paying someone to be sitting in a seat who wasn't there the majority of the time... THAT would be the cause for a black mark on her record, not telling an employee "we paid you for more hours than you worked and we're going to need that money back and now we're watching you to make sure this doesn't happens again".
Currently Reading: Don Quixote by Miguel De Cervantes
If they were looking at your computer/key card records, wouldn't it show exactly how many hours you worked? I'm not sure what your system is, so maybe it won't accurately reflected what lunches you worked through, but if it is showing what days you didn't work, then it would also reflect if you stayed late or came in early, right? Am I misunderstanding this?
I am not clear on what they are doing that is illegal. If you took more time off than you have to take, they have a right to take action. It is illegal not to pay overtime, but if you hadn't been recording and submitting your hours, then how can they be held responsible for that?
I think I am confused.
I can't figure out why you would work through lunch. That just seems stupid. If you have to work late, do it at the end of your shift. That'll show up in the computer. But if you log out to go to lunch and work anyway, you're just doing it out of the kindness of your heart far as they are concerned.
You don't need the job, just cut your ties and go. They clearly don't care that much about you if they're trying to finds way to get you to quit so they don't have to pay unemployment.
They didn't do anything illegal.
You yourself say you can't pinpoint the days you worked overtime, just that you "know" you did. An employer can't pay you based on a hunch. Keep documentation next time.
They're well within their rights to take money back that you were overpaid.
As for FMLA, I think you're mistakenly assuming that FMLA means you have to take a large chunk of time. You don't. FMLA is simply job protection. You can take a day here, a day there, a few hours here, etc., provided you have a legitimate reason for doing so -- which it sounds like you had.
Your HR department seems remiss, and perhaps not as on top of things as they should be -- but I'm guessing based on your posts that you took off more time than you think.
Updated September 2012.
Currently Reading: Don Quixote by Miguel De Cervantes