What is the name of your state? CA
My company was in the process of settling a class action suit in CA regarding exempt/non-exempt status for managers. All the members of mgmnt in Ca were to receive $75/wk for each week from 1999-2004. So far, so good.
The company's solution for the future is to reclassify all asst/exec. asst mgr's as hourly employees. At a multi district meeting we were informed a. we would not be getting a pay cut. b. Instead of the 45hrs/wk we had been required to work we would now be required to work 52hrs/wk (40reg+12OT).
Previously my hourly rate was $15.00/hr (40reg+5OT) now my hourly wage was to be $12.40/hr. I noted this was a pay cut to be informed that since our pay was to remain the same it was not a pay cut. We were also informed that there would be no retaliation against anyone filing for the class benefits as the company had already set aside the funds. (Untrue-provision in settlement returns unclaimed funds to Corp). Iwas not a happy camper and proceeded to contact other members of mgmt in CA and to draft letters to HQ regarding unfairness. I also suggested to my immediate supervisor that I was considering resigning.
Shortly thereafter I was terminated for misconduct. My actions merited a warning at most, and many far more serious incedents with other mgrs resulted in warnings.(There was no damage done to employer/no funds involved)
I just received notice that I have been determined inelegible for unemployment benefits. Sorry for the length. My questions
1. Does selective enforcement as a defense work?
2. Should I contact the appropriate state agency re. retaliatory termination?
Thanks
My company was in the process of settling a class action suit in CA regarding exempt/non-exempt status for managers. All the members of mgmnt in Ca were to receive $75/wk for each week from 1999-2004. So far, so good.
The company's solution for the future is to reclassify all asst/exec. asst mgr's as hourly employees. At a multi district meeting we were informed a. we would not be getting a pay cut. b. Instead of the 45hrs/wk we had been required to work we would now be required to work 52hrs/wk (40reg+12OT).
Previously my hourly rate was $15.00/hr (40reg+5OT) now my hourly wage was to be $12.40/hr. I noted this was a pay cut to be informed that since our pay was to remain the same it was not a pay cut. We were also informed that there would be no retaliation against anyone filing for the class benefits as the company had already set aside the funds. (Untrue-provision in settlement returns unclaimed funds to Corp). Iwas not a happy camper and proceeded to contact other members of mgmt in CA and to draft letters to HQ regarding unfairness. I also suggested to my immediate supervisor that I was considering resigning.
Shortly thereafter I was terminated for misconduct. My actions merited a warning at most, and many far more serious incedents with other mgrs resulted in warnings.(There was no damage done to employer/no funds involved)
I just received notice that I have been determined inelegible for unemployment benefits. Sorry for the length. My questions
1. Does selective enforcement as a defense work?
2. Should I contact the appropriate state agency re. retaliatory termination?
Thanks