Currently I work full-time at one job and part-time at another. Well, my part-time job is my issue. Things with it are looking up except for one particular issue. I have a PTO (paid time off) rate that was established by the company at $26.24 an hour. This PTO time was based off hours worked and production based on the month of January. This was before they screwed with all my accounts and pay. I was eligible to start using this time at some point in April. I tried to cash it out my 40 hours at the end of May when I had my car accident but they, for some reason, didn't give it to me. They finally did cash it out for the beginning of June. Well, they only paid me $10.43 an hour instead of the $26.24, so they cheated me out of $15.83 an hour. I discovered this when I got may pay stub for the pay date of June 26. I questioned them on what happened and pointed out that they owed me $633.20, and was getting no response. Well, on June 30 I received a letter in the mail that said they felt there MAY have been errors calculating the PTO rate so they decided to pick March to calculate the rate instead. They then went on to state that this would be retroactive to April 1, which was before we could actually start taking it. The letter was dated June 12 but not received until June 30. This means this pay change was retroactive two full months and they sent no notice of it before they changed it. I also have pay stubs dated after they supposedly decided to make that change that was still stating $26.24 as my rate.

I called Oregon's labor division to talk to them. They informed me they were illegally changing my employment contract and not paying what they owed. They stated that since it wasn't a simple hour/wage issue and a contract issue instead I needed to speak to an employment lawyer. I called the number for legal aid for the county I live in, who also stated this was illegal, but they didn't handle employment issues unless I was fired and then denied unemployment benefits. They had me call the Oregon Bar Referral service (who also said what they were doing was illegal). They gave me the number for a lawyer to speak to for a reduced fee of $35. I called his office and he gave me a free consult about my problem. He stated, by law, the company has to tell you in advance of a change, not announce a change on a certain date and make it retroactive, so they do owe me the money, especially since I have all the paperwork that states their policies and rules and then the one with the "change" in it. He also told me, though, that the amount I would be suing for would be less than my legal fees if I were to hire an attorney so I would end up in the hole unless I didn't care about the money and it was more a matter of principle that I was suing. He told me to go through small claims court instead, which has a filing fee of $65-$80.

The other problem with this, though, is that they have made it really hard to sue them. They are headquartered in New Jersey with no offices in Oregon. This means I have to find out from the corporate commissioner whom they designed as their proxy to serve notice on, as is required by law in Oregon. I am waiting for someone to call back with that information. If they can't find an agent listed I would have to serve notice to the Secretary of State, which costs quite a bit. I have already completed most of the steps the lawyer told me to take before I sued. My last step is to send them a notice stating, again, that they owe me that money and that if they didn't pay it in full by a certain set date, that they would be facing legal actions. I haven't sent this notice yet.

Here is where my problem comes in. I need this part-time job because with my full-time job I am a little short to cover my monthly expenses. My mom pointed out that if I pushed the issue to get my money they owe that they would keep my work from me and then fire me for not meeting production standards, or some other issue they decided to cause. I know there have to be more employees besides me that have the same problem. The people that were already regular employees before restructuring get their PTO figured on different dates altogether. I calculated mine for the same time period they got and I would have been owed $34.67 an hour. I want to sue them because I need the money, but also a lot of it is in principle. They are screwing people over horribly with this and it needs to be brought to attention what they are doing so that there is a chance that it will stop. If I didn't need the money and need to keep this job for awhile still, I wouldn't be questioning it. I would have already gotten the paper work done and filed.

So, my questions is: Should I sue them and risk being fired, or just let it go and let them get away with screwing people over?

There is a saying, "never bite the hand that feeds you". If you NEED this job and there is no other part time job that you can get to replace it, then I wouldnt recommend making a big stink out of it. If you do have other options for a part time job, I would definitely recommend taking them to court, and probably get the media involved as well (just make sure your facts are straight or you could face a slander charge).

I'm looking for other part-time options right now. My facts are pretty straight forward. I have my employment handbook with the company policies that apply to their changes and benefits. I have my paystubs from my January work which calculates out correctly with what they figured, I have the paystub that states my new PTO rate which was sent sometime in May, I have the paystub with the wrong pay, I have the letter stating the retroactive change they made, and I have my emails to the company (since phone calls get me nowhere) stating my problem and the reasoning for why they are wrong and need to pay me. I faxed copies of them to the lawyer and he said that was more than sufficient proof for a lawsuit. The central issue in this is "retroactive" and not giving notice. This is a national company with around 15,000 total employees (so they claim).

It becomes an issue of character in my mind. If you feel liked they have screwed you over, then you do something about it. How can you be happy at the job and productive feeling that you've been screwed over.


Accepting things because of necessity is the reason why people get stuck in the positions they are in and don;t ever get ahead.


I take a real hard-ass view when it comes to employment/career issues. Companies will do what they can for their best interests. Not many companies also consider yours. Ultimately you are in control of that. If you are confident in your abilities, then finding other work should it be needed is not the big issue.


For myself, once i took control of my career, things started to happen. I've been fired, laid-off and quit a job. There really is no difference between them....only the idea that you control it. Get what you are owed....value your worth.


good luck

Thanks!

I had taken a different job to replace this one but they were pretty awful employers. All the stuff I was promised (not in writing unfortunately) at my interview they didn't give me, such as my hours, shift, et cetera. Then they weren't providing me with the necessary information needed to perform my job duties. I confronted them about, they tried placing the blame on me, so I walked out and told them I'd go work for somebody else that appreciated me. This happened about a month ago. Last Friday they called me up wanting to rehire me!!! They said I was a good worker, blah, blah, blah. All this after they insulted me and told me I what a bad employee I was. The catch, they wanted me to quit my full-time job at a hospital, because it is their big competition in the area. Turns out they were obnoxious because they didn't want me working for the competition, which I had fully disclosed to them before I was hired and they said it wasn't an issue. Turns out it was.

I'm hoping for the supervisor position at my current good job that is now open. It's for internal applicants and I am hoping nobody else wants it that has more experience. I technically don't meet their requirements since I haven't worked there for two years, but I applied and figure it's worth a shot anyway. I was encouraged by another supervisor to apply for it and she trained me on a lot of the supervisor stuff. If I get this position I would get an $8 an hour raise and could afford to quit the part-time job. I don't know how soon before I hear back about the position. Even if I don't get it I am still very happy working for this company. They are one of the few places that seem to actually like their employees and treat them well. :)

I've walked away from $80,000+ once, it was a startup company. I was pretty bitter about it for a while. Long since over it. I don't have any advice, but maybe hearing my loss will make you feel better.

Hey bunny. You have a lot of drama in your life......I think you need a vacation :)

That sucks about the money......but it appears it's a lost cause fighting it. If you need the money then it makes no sense spending even more $$$ in legal fees to prove a point.

Good luck on the supervisor position.

This thread has inspired me to demand a raise! I'll let you guys know how it goes later...

You guys should come to Calgary to work. The job market is so hot that many fast food places and gas stations have beenm closing down becausae they can't find anyone to work at them.


The average price for designers that I hire are up about $8,000 a year over what they were a year ago....it's nuts trying to find people.

You guys should come to Calgary to work. The job market is so hot that many fast food places and gas stations have beenm closing down becausae they can't find anyone to work at them.


The average price for designers that I hire are up about $8,000 a year over what they were a year ago....it's nuts trying to find people.

What is the cost of living in Calgary?

IT's going up fast. In May the average price of a home was going up at $5000 per month. My house which was built 8 yeras ago for 195k (2000 sq/ft) would now sell for close to 600k.


Our cost of living over all is less than Vancouver or Toronro partly because we have no provincial tax and the lowest business and personal taxes in the country.

I'm looking for other part-time options right now. My facts are pretty straight forward. I have my employment handbook with the company policies that apply to their changes and benefits. I have my paystubs from my January work which calculates out correctly with what they figured, I have the paystub that states my new PTO rate which was sent sometime in May, I have the paystub with the wrong pay, I have the letter stating the retroactive change they made, and I have my emails to the company (since phone calls get me nowhere) stating my problem and the reasoning for why they are wrong and need to pay me. I faxed copies of them to the lawyer and he said that was more than sufficient proof for a lawsuit. The central issue in this is "retroactive" and not giving notice. This is a national company with around 15,000 total employees (so they claim).

I don't know much about them, but what about a class action lawsuit for illegal compensation practices? If this situation is happening to other employees, your lawyer may be able to organize it so that it gets taken care of without you being the "lightning rod" for the issue - they can't fire or harrass a group of employees, especially if it were to go public. If this is an ethics issue, it could get some negative press, which I'd think your company wouldn't want. I don't know about your company, but ethics is a big deal where I work after Enron, etc.

Since the big bosses do not work on your side of the country - you could go method direct and simply write - very clearly, to the company Pres. What you are telling us - enclude xeroxs of the paper work. Explain first, that you like your job, its a great company and you hav worked there x amount of time and are up for being a Supervisor, then ask for his advice - on how best to address the problem. Keep dated copies and send it certified. Explain that you don't want to sue, you don't want to make trouble, but you have a case, and ask if can he tell you how he would go about getting the back pay, without making trouble or getting anyone else in trouble...
If he tells them pay you - you get paid and no loss of status cause you have an in with the capo de capo
If he ignores you or fires you, or goes limp - it can help your law suit!

Just a thought....
Now if he does nothing, or if he gives you grief, or fires you,

can someone summarize bunny's first post?

BunyGirl I read your entire grievance. If you really need the job I say put your guns back in your holster since it's a part time job and a marginal amout of money. Personally though, I would use the chain of command as high as it can go in your company, write out a thoughtful letter with documentation and wait for a response. If that doesn't work then they are shitheads and I say start blasting! Bring along the entire calvary with the same issue. Try the chain of command one more time with your army and they will fold. The amount of money in court they would have to cough up would far exceed what they would have to pay out initially. It's a long process, but if you can be patient, and keep your mouth shut, you'll get your money and keep your job.

Hey bunny. You have a lot of drama in your life......I think you need a vacation :)

That sucks about the money......but it appears it's a lost cause fighting it. If you need the money then it makes no sense spending even more $$$ in legal fees to prove a point.

Good luck on the supervisor position.

And to think I used to complain that nothing ever happened in my life, same old same old. I guess everything going on lately is making up for all the "nothing" that happened that last couple years. LOL

I do have a vacation coming up at the end of August. I can't wait. :)

Bunny - I was thinking the same as 05TiGr8; you are not likely to be alone in this matter. Sounds like you spoke to a state/county lawyer? Go for a second opinion, even if it costs you. If it's a big enough issue it may fall into the 'whistleblower' category, which is usually based on ethics type issues. Though I'm not well versed about the definitions on it, it makes for a much different case, and one you would get a cut of the entire lawsuit for!! It is probably safe to assume that the company is already going to come down on you, since you've already bugged them about the whole situation. A lawsuit will prevent them from taking "pre-emptive" action, (canning your bunny ass) and likely cost the company more in legal fees than they are willing to pay. I've seen a few threads here that are legal issues, and everyone seems to shy away from legal fees. Most times a big company will just pay you, it cost MUCH less than their legal fees. They can a. pay you ~$600 or pay their corporate lawyer, court & filing fees, ect. which is probably more $$. Also, winning a case may come w/ a stipulation that the loser of the case pay legal fees for the winner. Final point - how are you going to feel about yourself if you do nothing?


You guys should come to Calgary to work. The job market is so hot that many fast food places and gas stations have beenm closing down becausae they can't find anyone to work at them.
Just don't bring your clear corners !

Just don't bring your clear corners !


hahahahahahahahahhahaa


get over it :D:

Bunny - I was thinking the same as 05TiGr8; you are not likely to be alone in this matter. Sounds like you spoke to a state/county lawyer? Go for a second opinion, even if it costs you. If it's a big enough issue it may fall into the 'whistleblower' category, which is usually based on ethics type issues. Though I'm not well versed about the definitions on it, it makes for a much different case, and one you would get a cut of the entire lawsuit for!! It is probably safe to assume that the company is already going to come down on you, since you've already bugged them about the whole situation. A lawsuit will prevent them from taking "pre-emptive" action, (canning your bunny ass) and likely cost the company more in legal fees than they are willing to pay. I've seen a few threads here that are legal issues, and everyone seems to shy away from legal fees. Most times a big company will just pay you, it cost MUCH less than their legal fees. They can a. pay you ~$600 or pay their corporate lawyer, court & filing fees, ect. which is probably more $$. Also, winning a case may come w/ a stipulation that the loser of the case pay legal fees for the winner. Final point - how are you going to feel about yourself if you do nothing?

I have an appointment Monday morning to see a lawyer that deals with these kinds of issues. Furtunately, they are only going to charge me $50 for the consultation versus their usual $350 an hour fee.