Legal Question in Employment Law in Oklahoma
Salary Employee Docked and Paid Hourly
I recently went to work for a company and have a signed contract as a salared employee. I was told i would have to work late some weekdays and some weekends. Which i have not problem with. I was also told i could be ''On Call'' if there was an issue with the network and i would have to come in to fix it. I worked late many weekdays and worked weekends as requried. About my 7th week with this company i was attacked and injuried off the job. I went to the emergency room at the hospital and the doctors told me to stay off work for a few days, which i did. A few weeks later i needed to go to the doctors for an appointment and my employer now is telling me if i take this time off i will NOT be payed for it. If i am a salared employee can they do this to me? and my manager now also tells me his is extending my 90 day probation due to this.
1 Answer from Attorneys
Re: Salary Employee Docked and Paid Hourly
You clearly have a different understanding than your employer and before you take another day, you need to get this cleared up.
If you are managerial, and have a contract, it should spell out your rights during this 90 day period. Unfortunately, though, it sounds like you have a break until your probation is up during which you're being treated as hourly.
This is not necessarily illegal, particularly since it is clearly a probationary period.
The question is how badly does the company want to keep you? A job is not easy to give up, but to be in good negotiating position be prepared to look for another job. They're not getting the work out of you that was planned and perhaps the extension of probation, even though for something out of your control, is writing on the wall.
You might try to negotiate PROACTIVELY to deal with this problem. That way, if it's illegal, it will be clearly so, and you won't be in the position of reacting to everything that's happening.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
