Legal Question in Employment Law in New York

Start-up Association/Can my employer do as he pleases

At this Association, I was hired as a AAssistant, now I have the title of Director. I've been paid overtime as comp time since hired in 10/1998. Does he owe me money? No one was ever documented as exempt or non exempt. There are job discriptions, but he pays people according to how he feels (clerks $15hr because he knows her, Director of special services $45-60hr becasue he is attracted to her etc). Wage increases are up to his discresion and he uses it to get back at employees. He twists procedures when it to his benefits. As Director, he refuses to acknowelge any request or suggestion I make and tries to use me as a scape goat when things don't work out right because of his judgement. Should I get hiring contracts from him? what are they?

Please advise.


Asked on 8/25/00, 8:28 pm

1 Answer from Attorneys
David Wright Law Offices of David Wright

Re: Start-up Association/Can my employer do as he pleases

Assuming you don't work for the gov't, assuming there is no union contract, assuming no employment agreement, you appear to be an "at will" employee. Under NY law, "at will" employees can be terminated at any time, even for no reason. If this person has the power to fire you, it's usually best to grin and bear it.

As to overtime, generally, comp time not a proper way to pay for OT. If you are a wage-earning employee (do you receive itemized pay stubs, with hours and rate?), as opposed to salaried, then you are entitled to OT. This is usually for either (a) more than 8 hours in a day, or (b) more than 40 hours in a week. I believe the statute of limitations is 4 or 6 years, but you would have to check that.

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Answered on 10/02/00, 7:21 am


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