Termination and Compensation

[trurunna]

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

so i have a bit of a complicated question and am not sure if i will be able to adequately phrase the question, but here goes...If I am employed by an employer as a non exempt employee and am hired under the basis of receiving a stipend during a particular time of year, but then am told that it is not a stipend but I am considered hourly and am required to submit timesheets for less than the total hours I actually work, is that legal? Also, if I am required to work hours without being paid at that time on the basis of being promised set compensation, to be paid out at a future date, is it legal for them to withhold pay if they decide to terminate my employement before full compensation has been rendered although I worked hours totaling more than what I was agreed to be compensated for?

 

[swalsh411]

You need to be paid for all hours worked. If you have not been, you can file an unpaid wages claim.

Why are you submitting timesheets with less hours then you actually worked? That should have been a HUGE red flag there. Your position is weakened because the employer has documents, submitted by you, claiming that these are the number of hours that you worked vs. some higher number that you are now claiming.

Was this stipend in your offer letter? Do you even have an offer letter?

 

[trurunna]

So the way the situation has unfolded is that they are miscategorizing the way in which we are to be paid. There is a set amount, out of the budget that is to be paid to the employee that is chosen for the position, but because the company will not pay a lump sum, they are saying that it isnt a stipend, however your hourly total is not allowed to be above the set budgeted amount. We are instructed to submit 20 hour work weeks, if you do not adhere then your timesheets are not signed by the supervisor and you can not submit them. Last year the supervisor just allowed us to fill out our timesheets for the 6 months of 20 hour work weeks and signed them all in one sitting and we just had to turn each one in at the appropriate pay period close. I thought something seemed wrong with it, but the old supervisor has been disappeared from the position (it is not certain if he was terminated or freely left) and gained employment elsewhere.

There is no offer letter for this position.

 

[startedone]

Once again, contact your state DOL ... have them sort it out.