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11-21-2008, 12:18 PM
| | Junior Member | | Join Date: Jun 2008
Posts: 11
| | | Forced To Go Home Question State: NY (Long Island)
So question... I'm a very very good asset to the place I work. I get a lot done and for the most part, we'll say that im one of the few employees the business needs.
Today there was a little altercation with me and my boss. Now we have them once in a while but it never goes past an argument, etc..
Today I came in and had to fix a computer. I told my boss that I'd hafta send it back to the manufacturer and he said "it was working fine when the client dropped it off, the screen just goes purple" and i said "well it doesnt come on, its off/on, ive seen this problem and the board has to be replaced, its a common problem"
So he got up and showed me the problem and i kept telling him i know the problem and it has to go back. We went back and forth for a few minutes, finally he got pissed and walked away with the computer and told me to go home and use a vacation day.
So he basically sent me home.
Now... this was not a scheduled vacation day for me, im a salary employee, receiving full benefits and additional vacation time because im a manager in the company.
Can he legally send me home WITHOUT pay or FORCING me to use a vacation day? He ordered me to go home. | 
11-21-2008, 12:38 PM
| | Senior Member | | Join Date: Nov 2005 Location: New Vertiform City
Posts: 4,188
| | | Yes.
In fact, he legally could have fired you. | 
11-21-2008, 12:52 PM
| | Junior Member | | Join Date: Jun 2008
Posts: 11
| | | K wasnt sure.Wouldnt be smart for him to fire me,lol, given my position and the stuff i know, but just wanted to check cause i was curious | 
11-21-2008, 01:20 PM
| | Member | | Join Date: Jan 2006
Posts: 195
| | | Vycor,
If there is one thing I've learned in the time that I've been working -
Everyone is replaceable.
Even you.
Yes you.
Don't get all smug in this economy - its very hard to find work right now.
__________________
I am not a lawyer, this is not legal advice. Please consult an attorney for legal matters.
| 
11-21-2008, 03:15 PM
| | Senior Member | | Join Date: Apr 2007 Location: Somewhere over the rainbow
Posts: 6,095
| | Quote:
Originally Posted by dolebot Vycor,
If there is one thing I've learned in the time that I've been working -
Everyone is replaceable.
Even you.
Yes you.
Don't get all smug in this economy - its very hard to find work right now. | That's the best advice ever. No matter what you know, you begin to become to big of a pain in the arse, you'll quickly find that no one cares what you know. Even if you tell, you're still be unemployed and unable to find another job.
__________________ CC's rule of life #1.2:
Parents: If you give your children the opportunity to learn how to live without you, don't be mad years from now when they do. In order to have a relationship with your children, you have to stay INVOLVED with your children. At all costs, even if it makes the CP or your kids mad. | 
11-21-2008, 08:36 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 11,747
| | | If you didn't HAVE any vacation time, he probably couldn't have let you go unpaid for this day. But since you have it, yes he can force you to use it. | 
11-22-2008, 12:17 AM
| | Junior Member | | Join Date: Jun 2008
Posts: 11
| | | Either way we talked tonight bout things that have been on our minds for quite a while... we're a small company growing very fast, which causes lots of stress | 
11-22-2008, 09:57 AM
| | Senior Member | | Join Date: Nov 2001 Location: Massachusetts
Posts: 21,162
| | | If you didn't HAVE any vacation time, he probably couldn't have let you go unpaid for this day
He could if the poster is non-exempt (which he probably is, if part of his job is fixing computers). He would have to be paid for that portion of the day when he was at work, but once he was sent home, a non-exempt employee has no legal expectation of being paid when he does not work. It's only exempt employees who have to be paid for a full day if they work any part of it. | |
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