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Non-Exempt Salary Employee Rights (tardiness?)

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M

mrpauly

Guest
What is the name of your state? CA

My wife works for a transportation firm and she is a salaried employee (non-exempt). Her position is adminstrative assistant for the VP Of Operations. She has been with the company for the past 8 years. In the past she has never had a problem until the past 6 months.

Recently, her boss wants to fire her because of personal reasons (simply hates her and he's a big jerk) so he is trying ways to fire her. Before any of this happened, she went to human resources about his conduct towards her and nothing happened. She even went on medication without doctor's leave of absent and them not knowing the situation. In retailation of this, he is now trying to get rid of her. (Too long to describe here)

A method for termination he is trying to get her on is tardiness. Recently, he makes her use a timecard now which in the past. To justify this, he has said she's been late in the past. In all honesty, if she is late (it's always under 10 minutes and happens about once a month because we live an hour from work.)

If she is 0.1 late he plans to write her up and if she has more than a few, he plans to terminate her.

My question, I wanna know what the rights are for a non-exempt salary employee. If being late .1 late (5-10 minutes) justify being terminated and can they do it.

As info, there are about 5 other non-exempt positions that come and go as they please without punching a time-card. There consistently 1-2 hours late and leave early on a weekly basis. Human resources justifies this has different boss.

Please let me know.
Paul
 


B

Beth3

Senior Member
It is legal for different bosses to have different standards. Not always a good idea perhaps but perfectly legal so yes, one boss can fire someone for being late when another boss might not have a problem with it.

The only caveat is that she cannot be singled out for harsher treatment for a prohibited reason, such as her age, gender, disability, national origin, age, etc. She can be treated unfairly in spite of those things, just not because one of thelm.

Could you please explain what you mean by "She even went on medication without doctor's leave of absent and them not knowing the situation. In retailation of this, he is now trying to get rid of her. " I don't understand how you can be saying they're retalliating (for her going on medication???) for something they apparently don't even know about. That makes no sense whatsoever to me.
 
I

I AM ALWAYS LIABLE

Senior Member
mrpauly said:
What is the name of your state? CA

My wife works for a transportation firm and she is a salaried employee (non-exempt). Her position is adminstrative assistant for the VP Of Operations. She has been with the company for the past 8 years. In the past she has never had a problem until the past 6 months.

Recently, her boss wants to fire her because of personal reasons (simply hates her and he's a big jerk) so he is trying ways to fire her. Before any of this happened, she went to human resources about his conduct towards her and nothing happened. She even went on medication without doctor's leave of absent and them not knowing the situation. In retailation of this, he is now trying to get rid of her. (Too long to describe here)

A method for termination he is trying to get her on is tardiness. Recently, he makes her use a timecard now which in the past. To justify this, he has said she's been late in the past. In all honesty, if she is late (it's always under 10 minutes and happens about once a month because we live an hour from work.)

If she is 0.1 late he plans to write her up and if she has more than a few, he plans to terminate her.

My question, I wanna know what the rights are for a non-exempt salary employee. If being late .1 late (5-10 minutes) justify being terminated and can they do it.

As info, there are about 5 other non-exempt positions that come and go as they please without punching a time-card. There consistently 1-2 hours late and leave early on a weekly basis. Human resources justifies this has different boss.

Please let me know.
Paul
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My response:

California is an "at-will" employment State. That means, despite the fact that your wife is an "exempt" (time-card) or "non-exempt" (salaried) employee, the employer or the employee is able to quit at a moment's notice; e.g., "Sally, you're fired. Get out!"

However, California does recognize good faith and good cause, especially after 8 years of employment. In the context of express or implied contracts not to discharge without good cause, "good cause" means "fair and honest reasons, regulated by good faith on the part of the employer, that are not trivial, arbitrary, or capricious, unrelated to business needs or goals, or pretextual.

The employer is not strictly liable for its employment decisions. It need only show that in discharging the employee, it was acting for a purpose relating to its business needs or goals, rather than for a wrongful motive or reasons. [Cotran v. Rollins Hudig Hall Int'l, Inc., supra, 17 Cal.4th at 108, 69 Cal.Rptr.2d at 910]

The proper question then becomes, 'Was the factual basis on which the employer concluded a dischargeable act had been committed reached honestly, after an appropriate investigation and for reasons that are not arbitrary or pretextual?'" [Cotran v. Rollins Hudig Hall Int'l, Inc., supra, 17 Cal.4th at 107, 69 Cal.Rptr.2d at 909]

Well, being late to work, even if it is only 5 minutes, does relate to the company's business needs or goals; i.e., "we want our employees ready, willing, and able to start their work as soon as the clock strikes 12, because we have customers calling, and tight schedules to maintain." Etcetera, etcetera. Which, is why the employer has her on a time-card, and is watching for tardiness.

Good luck, and leave for work earlier in the morning.

IAAL
 
cbg

cbg

I'm a Northern Girl
Quick correction:

"Exempt" means exempt from overtime. They are paid on a salaried basis.

"Non-exempt" can be paid on either a salaried or an hourly basis. Hourly is usual, but salaried is permitted as long as they are also paid any OT due them.
 
M

mrpauly

Guest
This was in retaliation for her going to Human Resources because she needed some time off from work for doctors appointment related to work stress. He refused to give her an two hours off work early. At the time (within minutes) he approved someone else's time off while not approving hers.

He also has been on her case since May for calling in sick for two days and at the time refused to pay her. Other people he could care less and plays this double standard game.

At our work (I work at the same place) no one gets fired for anything unless it's for obvious reasons like stealing.

Our President and CEO (my wife's former boss, and his current boss) was very upset to learn what was happening and wanted to get involved to find resolution to the matter. Human Resources told him to stay out.

Can he get involved and do something about it because right now it's not about being tardy and we know that. It's about not liking her and wanting to see her leave the company.

Thanks so far for you opinion/advice.

Paul
 
I

I AM ALWAYS LIABLE

Senior Member
mrpauly said:
This was in retaliation for her going to Human Resources because she needed some time off from work for doctors appointment related to work stress.

It's about not liking her and wanting to see her leave the company.

=======================================


My response:

That's your story and view of the situation - - and, you're probably correct. However, that and a dime won't get your wife anywhere if - -

"being late to work, even if it is only 5 minutes, does relate to the company's business needs or goals; i.e., "we want our employees ready, willing, and able to start their work as soon as the clock strikes 12, because we have customers calling, and tight schedules to maintain." Etcetera, etcetera. Which, is why the employer has her on a time-card, and is watching for tardiness."

That's his story, and he's sticking to it. Now, since your wife would be the "complainant," prove otherwise.

IAAL
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