outofluckinindy
Junior Member
What is the name of your state? Indiana
I work for a small non-profit school. I have been there for several years. I am a non-exempt employee paid by the hour.
Every year we are given intent letters to indicate whether we are returning for sure, not at all, or if we are uncertain. I think that these are really not appropriate for my classification since Indiana is an at-will state. Anyway, I marked mine that I was uncertain due to some possible changes in my husband's job. The letter that we sign CLEARLY states that we will have the first right of refusal for the position before it is offered to another candidate. One week after I signed my intent my boss calls me in and tells me that since I'm unsure that they have decided to "restructure" my department and I won't be back in that position next year even if I decide to stay. They offered me to take any open position within the school system but at a significant paycut and seriously reduced benefits. While I understand Indiana is an at will state, do I have a case because I have a letter with written terms guarnenteeing me the first right of refusal?
If I chose to stay within the school system I would work through June and then not have any work in July. I would then be told in August what "position" MIGHT become available to me.
Secondly, this employer misclassifed a large group of us as exempt for over ten years. We were paid very small salaries and worked tons of overtime, including evening meetings that we were not compensated for. Two years ago they realized their error and reclassified us as non-exempt. Do they owe us back overtime?
Thanks for the advice.
I work for a small non-profit school. I have been there for several years. I am a non-exempt employee paid by the hour.
Every year we are given intent letters to indicate whether we are returning for sure, not at all, or if we are uncertain. I think that these are really not appropriate for my classification since Indiana is an at-will state. Anyway, I marked mine that I was uncertain due to some possible changes in my husband's job. The letter that we sign CLEARLY states that we will have the first right of refusal for the position before it is offered to another candidate. One week after I signed my intent my boss calls me in and tells me that since I'm unsure that they have decided to "restructure" my department and I won't be back in that position next year even if I decide to stay. They offered me to take any open position within the school system but at a significant paycut and seriously reduced benefits. While I understand Indiana is an at will state, do I have a case because I have a letter with written terms guarnenteeing me the first right of refusal?
If I chose to stay within the school system I would work through June and then not have any work in July. I would then be told in August what "position" MIGHT become available to me.
Secondly, this employer misclassifed a large group of us as exempt for over ten years. We were paid very small salaries and worked tons of overtime, including evening meetings that we were not compensated for. Two years ago they realized their error and reclassified us as non-exempt. Do they owe us back overtime?
Thanks for the advice.
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