N
naclu
Guest
What is the name of your state? I work in Alabama for a Tennessee company and my contract is based on Tennessee law.
Quick background: I have worked as a web designer for a local company since before it's beginning. I was originally an independant contractor, but I am now a full time salaried employee. I was not paid during my first 9 months of working with this company. I've tried to get paid for that, but my boss said I was building myself a job (and a miserable one at that). Also, I have been in contact with the federal wage and hour board and discovered that I am most likely to back overtime pay for the last 11 months even though I am a salaried employee. I have tried to meet with local attorneys, but have had no luck getting an appointment yet. I am trying to find another job and when I get closer to that, I want to sue based on these above reasons. I've been waiting because I know that I won't have a job afterwards. But now he's done more and I can't put this one off.
I recently found out that I need to have surgery and would most likely be out of work for up to 4 weeks. The surgery itself wouldn't be bad - just outpatient surgery on my lower back. Because of the nature of my job, I could work from home with no problem. My doctor told me working wouldn't be a problem, but getting to and from work would be. I told my boss the other day that I was going to need it and was trying to work with him on the best time to do it without leaving him high and dry. He made a few comments about the length of time away.
Later that same day, he called me in his office. He has a "To-Do" list with prioritized projects on it for me to work on at all times. For the past month, he's had me working on everything but my list. He told me in this meeting that he was disappointed in me because I hadn't gotten much done on my list. He told me that his solution was that I could either go hourly or be fired. If my performance improves, he will make me salary again. Supposedly, working hourly (which also means working FAR fewer hours each week) is supposed to inspire me to get more work done, but I don't understand this concept. I already bring work home every night and every weekend. Between home and the office, I work about 60-80 hours a week. I think that he is doing this so that he doesn't have to pay me to work at home while I am recovering from surgery, then he'll put me back on salary when I return.
Here is the clincher. I have a contract that says that they will pay be a SALARY of $X per month. It also says that any change to this contract would require that it is written and signed by both parties. When he informed me of the change to hourly, I asked if I needed to sign anything and he said no. I asked him if he would let me work from home, if I am hourly, after I have surgery and am recovering. He said he wouldn't know how to measure my time that way and he just doesn't know.
I've been working with him for 3 years, but, only 1 year as an employee instead of an independent contractor. Before 1 year ago, he had no employees. I was his first. I've built his entire business from the ground up. Every product he sells, he does so because I put it there to sell. Now, we have 12 employees and growing rapidly with sales over $2.5 million projected for this year. We have no handbooks, no job descriptions, nothing. They make the rules up as we go along.
What should I do? This change is supposed to take affect on Wednesday, May 1, 2003. I don't know if I should say anything before the change. That would give him the opportunity to change it and make me sign it or be fired. Should I go ahead with my surgery and then say, "By the way, I never signed anything, so this change isn't valid?"
Normally, I wouldn't mind going hourly at all. That just means far less work for me. However, I cannot afford to take off even 1 week to have surgery without that salary. I do not mind working at home after my surgery. I have all of the tools here, including a fax machine, that I could possibly need in order to do this.
At most, I would probably only be completely unable to work a couple of days.
Do I have any legal recourse at all here? Will he have to pay me my salary if I have my surgery and then tell him that the change to hourly without going through the proper channels was a breach of contract and is not valid?
Quick background: I have worked as a web designer for a local company since before it's beginning. I was originally an independant contractor, but I am now a full time salaried employee. I was not paid during my first 9 months of working with this company. I've tried to get paid for that, but my boss said I was building myself a job (and a miserable one at that). Also, I have been in contact with the federal wage and hour board and discovered that I am most likely to back overtime pay for the last 11 months even though I am a salaried employee. I have tried to meet with local attorneys, but have had no luck getting an appointment yet. I am trying to find another job and when I get closer to that, I want to sue based on these above reasons. I've been waiting because I know that I won't have a job afterwards. But now he's done more and I can't put this one off.
I recently found out that I need to have surgery and would most likely be out of work for up to 4 weeks. The surgery itself wouldn't be bad - just outpatient surgery on my lower back. Because of the nature of my job, I could work from home with no problem. My doctor told me working wouldn't be a problem, but getting to and from work would be. I told my boss the other day that I was going to need it and was trying to work with him on the best time to do it without leaving him high and dry. He made a few comments about the length of time away.
Later that same day, he called me in his office. He has a "To-Do" list with prioritized projects on it for me to work on at all times. For the past month, he's had me working on everything but my list. He told me in this meeting that he was disappointed in me because I hadn't gotten much done on my list. He told me that his solution was that I could either go hourly or be fired. If my performance improves, he will make me salary again. Supposedly, working hourly (which also means working FAR fewer hours each week) is supposed to inspire me to get more work done, but I don't understand this concept. I already bring work home every night and every weekend. Between home and the office, I work about 60-80 hours a week. I think that he is doing this so that he doesn't have to pay me to work at home while I am recovering from surgery, then he'll put me back on salary when I return.
Here is the clincher. I have a contract that says that they will pay be a SALARY of $X per month. It also says that any change to this contract would require that it is written and signed by both parties. When he informed me of the change to hourly, I asked if I needed to sign anything and he said no. I asked him if he would let me work from home, if I am hourly, after I have surgery and am recovering. He said he wouldn't know how to measure my time that way and he just doesn't know.
I've been working with him for 3 years, but, only 1 year as an employee instead of an independent contractor. Before 1 year ago, he had no employees. I was his first. I've built his entire business from the ground up. Every product he sells, he does so because I put it there to sell. Now, we have 12 employees and growing rapidly with sales over $2.5 million projected for this year. We have no handbooks, no job descriptions, nothing. They make the rules up as we go along.
What should I do? This change is supposed to take affect on Wednesday, May 1, 2003. I don't know if I should say anything before the change. That would give him the opportunity to change it and make me sign it or be fired. Should I go ahead with my surgery and then say, "By the way, I never signed anything, so this change isn't valid?"
Normally, I wouldn't mind going hourly at all. That just means far less work for me. However, I cannot afford to take off even 1 week to have surgery without that salary. I do not mind working at home after my surgery. I have all of the tools here, including a fax machine, that I could possibly need in order to do this.
At most, I would probably only be completely unable to work a couple of days.
Do I have any legal recourse at all here? Will he have to pay me my salary if I have my surgery and then tell him that the change to hourly without going through the proper channels was a breach of contract and is not valid?
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