Legal Question in Employment Law in Alabama
Work thru lunch with no pay, and work off clock in mornings. I work for a Large Company that is a Dept of Defense Contractor. We have been required to be to work 10-20 min earlier than start time to conduct Dailey Work Mission Briefings or face Discipline and/or Discrimination in work assignments as well as belittlement and harassment from Immediate Supervisor. Immediate Supervisor has been warned by Corporate before not to do this but it continues. Also we are required to be at remote wilderness job sites for 8.5 hrs per shift. Many days we do not have time to "take the company mandatory 30 min lunch" because of the nature of our work, yet we are not paid for it and are not allowed to leave at 8.0 hours (even though they have us come back and sit around the shop 1 hour before quitting time).
After coming back from Vacation, I find out a $5500.00 radio issued to me has come up missing and they wanted me to pay for it, so I decided to use the company's "Open Door Policy" to complain about this and other problems since I had exhausted taking my concerns to the next level with no avail. Within two weeks of disclosing to Corporate the the time card falsifications by the secretary without our consent, harassment, ridicule and belittlement by supervisor and his "pet" employee, concerns over being exposed to toxic Lead and heavy metals at work (with only a pair of ear plugs and sunglasses for PPE) and working off the clock in violation of Fed Regs I was called into the office and Terminated on the spot for "Performance?" by boss without following company policy of "time off with out pay". When I started work at this Company, I told them upfront that my wife was disabled and I would require time off each month ( or shift schedule adjustment ) to get her to Dr's Appts and they had no problems with it. About 6 months ago I had a heart attack and was out for nearly two weeks and I have had monthly dr appts which I have been able to schedule after work mostly. At no time have I exceeded the Company's PTO Policy, yet the day after I "blew the whistle" to Corporate about the Violations, my Immediate Super started to want to know why my wife and I had to have to many Dr's appts. and complaining that my performance was suffering due to days off. He told me "Damn, Cod, my momma who's on her deathbed ain't got no doctors gotting to see her all the time", then he wanted our Dr's Names and Numbers so he could "call 'em up and set 'em straight!" From then, the harassment from him got worse.My last day they gave me a copy of a Employee Separation and Severance Pay Notice. I am scared to sign it with out a lawyer having a look at it first. It seems like they are trying to buy me off from suing them and reporting their misconduct and theft of labor to the government. After working fulltime for nearly a year and a half for a Company this large, one would think I would have some protection by FMLA or Disabilities Discrimination laws. PLEASE, Any advise will be deeply appreciated. Thank you in advance.
1 Answer from Attorneys
I"ll need to discuss this with you to formulate a proper response. 205.752.4440
Randal Ford