Not a "real" employee after 7 months?

[wikit626]

What is the name of your state (only U.S. law)?

What is the name of your state (only U.S. law)? Oregon

I hope you can help with a strange situation.

I was hired by my the director at a nonprofit 7 months ago. We both signed my employment contract and paperwork.

My boss, the director, told me after my hiring that he had started another business and that maybe I would take over. As time passed he promised me the job and moved me from 24 hours to 40 hours a week as he reduced his hours. When he finally (after 6 months) informed the board that he would be stepping down and wanted me to take over, the board initially had no problem with it, but when the board president heard, she convinced the board to change their minds. This was the right call in my view, since the Director wanted to work 16 hours a week until he left. Unfortunately, at the same time, I discovered the business was in jeopardy of closing due to the directors extreme ignoring of required paperwork and I notified the board about the situation.

Today he was fired, which I expected. But I was also notified that I was not a "real" employee, since the board had not approved my hiring. I was told that I was not laid off, but that I would have to apply for my current position (not the director position) and compete for it. However, this was in the context of me continuing to work there. The board also refused to pay me the rate that my director and I agreed upon when my hours increased and I was running the business mostly solo. I was told that my contract doesn't matter because they didn't formally approve.

So, can they do this? There is nothing in our by-laws about the board having staff hiring or firing approval. I have been working with the board for 7 months and even attending some board meetings and special events and they knew I was being paid as an employee. What can I do in this situation where they are both telling me I'm not laid off, but have no real job, but I will be working next week, but having to apply? Are they required to pay be the agreed upon hourly rate. They are shorting me almost $800 that I expected to be paid.

Thanks guys!

 

[cbg]

Take your contract to an attorney in your state for review. We cannot provide anything resembling an informed opinion of the terms of a contract we have not read.

 

[wikit626]

contract

The contract is mostly irrelevant in this case. It was only a statement of my duties and the qualifications for the job. It may have also stated my original pay.

 

[cbg]

Then it's not a contract.

 

[wikit626]

contract

It stated my title and pay and work duties. There are no requirements for a contract except all parties being in agreement and something of value has been exchanged. That clearly happened.

Please, if you aren't going to be helpful, please don't respond.

 

[quincy]

What is the name of your state (only U.S. law)?

What is the name of your state (only U.S. law)? Oregon

... We both signed my employment contract and paperwork. ...

... I was told that my contract doesn't matter because they didn't formally approve.

So, can they do this? There is nothing in our by-laws about the board having staff hiring or firing approval. ...

I suggest you take your contract and paperwork and the by-laws to an attorney in your area for a personal review. We cannot provide anything resembling an informed opinion on the terms of a contract and paperwork and by-laws we have not read.

 

[wikit626]

I suggest you take your contract and paperwork and the by-laws to an attorney in your area for a personal review. We cannot provide anything resembling an informed opinion on the terms of a contract and paperwork and by-laws we have not read.

I am not expecting you to correctly assess the situation, but to respond on the basis of the information I have provided.

Contract- does not cover the situation
Bi-laws- does not give the board staff management or hiring approval

 

[cbg]

Your expectations are irrelevant.

 

[quincy]

I am not expecting you to correctly assess the situation, but to respond on the basis of the information I have provided.

Contract- does not cover the situation
Bi-laws- does not give the board staff management or hiring approval

Based on what you provided, and because you are not expecting me to correctly assess the situation, I would have to say that the answers to all of your questions are: "It depends."

 

[wikit626]

wow, I didn't realize that this forum was full of trolls that respond to questions with non-answers and insults. If you aren't going to help, don't respond!

Thanks for making my day worse.

 

[quincy]

wow, I didn't realize that this forum was full of trolls that respond to questions with non-answers and insults. If you aren't going to help, don't respond!

Thanks for making my day worse.

Trolls? Seriously?

You have not provided enough information on which we can base an answer. How can we tell if there is a legally binding contract without knowing what the contract says? And if there is no contract? Well, then, you are probably out of luck and you should start looking for another job. I suggest you review everything with an attorney in your area.

But, hey, wikit626, thank you for being such a pleasant visitor to this forum and brightening the day.




(psst....mmmagique! What would you do? )

 

[Sub602]

Hello wikit626,

I’m sorry to hear about your situation. I’m going to try to help you to the best of my abilities.

The document you have which states your title, pay rate, and work duties sounds like a Job Offer Letter. If this document was signed by both you and your employer, it may be a binding contract. Unless, it states something like “this document is for informational purposes only and is not intended to be a binding contract” or uses verbiage such as “not guaranteed” or “not entitled”. You could be out of luck, but it’s really hard to tell without actually seeing it. Unfortunately, if this document you have is not a binding contract, pay cuts are legal as long as they are paying you at least minimum wage. Some states require advance written notice be given to employees in regards to pay cuts, but you will have to check your state dept. of labor for local laws.

It sounds like your company is restructuring. If so, during a company restructure, employees get shifted around from position to position, get fired, or get relocated just to name a few things. They can also legally make you re-interview for your position. They may also make adjustments to your pay rate once you’ve been rehired…if you’re rehired. My advice to you is start practicing your interview skills. Make a list of reasons why they should rehire you. You already have experience, so there’s one. Think of more reasons to help build a strong case for yourself. I understand you may be angry about having to re-interview, but at least you’re getting a second chance and didn’t get fired like your boss. Another option is to start looking for a different job. Again, there’s no guarantee they will rehire you, so you may want to start looking for a different job, regardless.

Non-profit organizations can call their employees “volunteers” if the employee meets certain criteria. My advice to you is get clarification from your boss what “not a real employee” means. Do not let them be vague. But honestly, I don’t think this really matters at this point and you should probably concentrate on your interview skills and looking for a different job just in case you do not get rehired.

Let’s recap my advice to you:

1. Start practicing your interview skills
2. Start looking for a different job just in case
3. Get clarification from your boss what “not a real employee” means (I think this might be a moot point and you may want to just concentrate on 1 and 2)

And one final bit of advice for you, when asking strangers for help or advice, try not to get mad at them for not being able to help you out the way you expect or for not saying the things you want to hear. I understand you’re upset with your current situation, but please try to exercise a little patience. I hope this novel of a post helps you out even if it’s just a little bit. Good luck.

 

[Proserpina]

Hello wikit626,

I’m sorry to hear about your situation. I’m going to try to help you to the best of my abilities.

The document you have which states your title, pay rate, and work duties sounds like a Job Offer Letter. If this document was signed by both you and your employer, it may be a binding contract. Unless, it states something like “this document is for informational purposes only and is not intended to be a binding contract” or uses verbiage such as “not guaranteed” or “not entitled”. You could be out of luck, but it’s really hard to tell without actually seeing it. Unfortunately, if this document you have is not a binding contract, pay cuts are legal as long as they are paying you at least minimum wage. Some states require advance written notice be given to employees in regards to pay cuts, but you will have to check your state dept. of labor for local laws.

It sounds like your company is restructuring. If so, during a company restructure, employees get shifted around from position to position, get fired, or get relocated just to name a few things. They can also legally make you re-interview for your position. They may also make adjustments to your pay rate once you’ve been rehired…if you’re rehired. My advice to you is start practicing your interview skills. Make a list of reasons why they should rehire you. You already have experience, so there’s one. Think of more reasons to help build a strong case for yourself. I understand you may be angry about having to re-interview, but at least you’re getting a second chance and didn’t get fired like your boss. Another option is to start looking for a different job. Again, there’s no guarantee they will rehire you, so you may want to start looking for a different job, regardless.

Non-profit organizations can call their employees “volunteers” if the employee meets certain criteria. My advice to you is get clarification from your boss what “not a real employee” means. Do not let them be vague. But honestly, I don’t think this really matters at this point and you should probably concentrate on your interview skills and looking for a different job just in case you do not get rehired.

Let’s recap my advice to you:

1. Start practicing your interview skills
2. Start looking for a different job just in case
3. Get clarification from your boss what “not a real employee” means (I think this might be a moot point and you may want to just concentrate on 1 and 2)

And one final bit of advice for you, when asking strangers for help or advice, try not to get mad at them for not being able to help you out the way you expect or for not saying the things you want to hear. I understand you’re upset with your current situation, but please try to exercise a little patience. I hope this novel of a post helps you out even if it’s just a little bit. Good luck.

Oh, bless your heart.

 

[quincy]

Hello wikit626,

... And one final bit of advice for you, when asking strangers for help or advice, try not to get mad at them for not being able to help you out the way you expect or for not saying the things you want to hear. I understand you’re upset with your current situation, but please try to exercise a little patience. ...

Your post to wikit626 was a nice one, Sub602.

When you first came to the forum for advice, you showed respect to the volunteers who were offering it and this has not gone unnoticed. It was appreciated and continues to be appreciated. Thanks.