Is this considered Whistleblower Protection
I was working for a pest control company that had me as a sales person. We were working some 9,10,12 hour days 6 days a week. We were under an exemption that makes it so there's no overtime. For the first 3 months there is a flat base pay and after it's considered a draw against commission. That was explained to us when hired. No mention made at anytime about vacation or sock leave. Nothing in writing about them either. None of the salespeople prior to me or after knew anything about them, so when I had sock pay taken out of my check I was surprised. I had not asked for sick leave and to my knowledge there was none. I was told there was and it was assumed everyone knew. I told this man Kirby, (not an employee of the company) that according to the exemption they couldn't take my pay without a program in place. He tried to demean and belittle me via email which was cc'd to the managers and owners highlighting how my pay could be deducted. I responded that if he had noted the few lines above his then he's see the portion starting with "federally mandated " and there is the point proving no pay deducted. I got part of my pay back but was fired with in a week to two after that situation. I was told that I was suddenly "not a good fit for the company ". Prior to the episode, I was considered an asset to the company and well liked by all, especially one of the owners. My appointments (less than 30 days worth) were almost all ending in sales and most of them high. The man Kirby made it a special point (i asked him if he does it all the time and he said only special cases) to be at the office when I was fired so he could drive me back home after I left the company truck.. Is this considered harassment and termination retribution under the Whistleblower protection act? I reported something wrong and pointed out the legal process being used and was fired shortly after. I would like to know if I have a potential case against them.
Wrongful termination seek legal counsel
Look into a site called "Just answered.com" and you will find a lawyer than can answer one question for free other will cost you.
Hire a employee attorney , this is definitely fall under wrongful termination and harrassment, hostile environment
I would say definately. You are akso entitled to all your pay back that was deducted. And you termination was not justified. Person employed as "at will" have to be terminated for just cause. And you need to get an attorney.
Depends how long you worked there and what state. But it sounds like you definitely have a case to draw unemployment. Can’t sue them. You will lose. But explained on a unemployment hearing you will probably get that.
I would go see a lawyer don't go to one in your own hometown or they will be for the company go to one in a big city next to you
Sadly, companies can do what they want. I had HR, the CEO, the EEOC,and the board of directors all ignore my complaints, after spilling the beans about the companies crooked business practices. Gay slurs, racial hanging threats, fair housing violations, searching people's apartments when they were not home, bullying, harassment....the list goes on. Not 1 person helped me. Good luck to you though, I wish you all the best.
Hi Kathleen Alstead I’m having a little trouble understanding your original concern. The “exception” you mentioned pertains to the overtime but not sick leave or any other paid time off so I don’t understand how you’re associating the two. The base pay grace period for new hired during training is common in the sales industry. I’m unsure what method that employer is using to calculate paid time off deductions but please keep in mind that there is no federal requirement that demands employers provide a “paid” leave benefit. Employee benefits including paid time off should have been presented to you during the interview and/or new hire onboarding orientation bu then it’s also your responsibility as a job seeker and new hire to ask.
The Whistleblower Protection Act is supposed to protect federal employees from employees retaliation for voluntarily reporting illegal government official activity. I’m not aware of any protection laws for employees in private companies. I think your mistake was taking up this matter within the company. Going outside of the company with corporate matters might have been considered a violation of the companies information protection policies. Sorry you lost your job.
I think so but I'm not in the legal profession. So seek advice from someone who knows and if you have a case. Give them a good swift lesson in how to treat their employees