Unpaid Overtime April 27, 2008
Posted by Dentist.Com in Legal Advice.Tags: OVERTIME PAY, salary
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United States federal law generally requires employees who work more than 40 hours per week be paid overtime pay. Overtime pay is calculated at the regular hourly rate of pay plus an additional 50 percent of that regular rate. Just because an employee is paid a weekly, bi-weekly and/or monthly salary does not necessarily mean the employee is not entitled to overtime pay. Also, some states have wage and hour requirements for employers different from federal law.
To be ineligible for overtime, an employee must be in an exempt classification. Exempt classifications apply to executive, administrative, or professional employees. To qualify for an exemption from overtime pay requirements under these categories, the employee must generally pass a two-pronged test consisting of:
- a salary basis test, and
- a duties test.
Wrongful Termination April 27, 2008
Posted by Dentist.Com in Legal Advice.Tags: At Will Employee, Contract Employee, Discrimination, employment termination, job security
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Maybe they “resigned” after being pressured into it. Maybe they did not receive proper notice. Maybe they lost the job for no reason they can discern. If they have been dismissed, they should sign any papers from their employer.
- Discrimination: if they have been discriminated against because of race, sex, religion, disability or age, it may be a breach of human rights.
- Insufficient Cause: Actions such as theft, violence or threatening behavior may be cause for immediated dismissal. However, isolated instances of a less serious nature can not normally be used as an excuse to fire someone, unless there is a history of such behavior.
- Whistleblowing: it is illegal to fire an employee, or to engage in retaliation for whistleblowing. Any person who “interferes” with the livelihood of an employee who has provided information to legal authorities regarding alleged illegal activity of their employer, is subject to up to 10 years in prison and up to $250,000 in fines.
- Constructive Dismissal: If they felt pressured to resign, or the working conditions were made to be so horrible they couldn’t continue working, they may be able to claim constructive discharge. they may also claim constructive dismissal if pay or working conditions have been degraded or if the level of responsibility has been reduced.
When CAN an employer legally fire you:
- At-Will Employee: If they have no contract with the employer, they are an “at will” employee, and as such, they may be fired at any time for any reason that is not discrimination. However, some challenges and exceptions to this rule include breach of implied contract, reliance on an offer of employment and intentional emotional distress. At will employees can be fired for job-related problems, or for non-job-related reasons such as the boss doesn’t like your jokes, or personality conflict.
- Contract Employee: If they have a contract, the termination will be governed by the terms of the contract, unless the contract states they are an “at-will” employee, in which case they may be fired “at will”. Contracts may be written or oral, even based on a promise that the “job would be secure”.
