HELP!!! Being twisted in the wind with nowhere to go....
My employer is docking my pay based on an untrue rumor stating I leave before the end of the contact day. I actually walk out with other employees and there are cameras proving my story. They refuse to budge. What do I do?? I am a Teacher who chose not to be part of the union, so the union won't even talk to me unless I pay them.
If I were you I would leave w a different employee each day and ask them to sign a sworn statement to back facts of correct time. Bring the signatures w you to your lawyer, ask them what they can do for you!! Andrea
Is there a temp timecard you can use and have someone sign off on for now. Or a timestamp devise on-site you can use to clock your start/stop time.
Such an unfortunate situation for you, It has many facets. Slow down and do not show your hand yet. Collect documentation quietly. Possibly FLSA rules may cover your issues or other labor laws but without documentation, such as a written accusation for the employer's action; employer's policies ... you may be left with their word against yours. An incident such as you described has probably make you feel quite angry and a strong sense of urgency. Begin your process with the end in mind: what do you want, what are reasonable expectations; what is your fall back plan; how much time & resources can you invest. Confrontation and conflicts with the employer while you are still on the job may jeopardize your job security and make it more difficult to become re-employed. Both are illegal but it appears you may be up against an unscrupulous employer who will not play "fair". Proceed with caution.
It isn't a question of whether they budge or not. If you can verify that you are at work the required hours the law says they must pay you. Contact your state employment bureau.
Go to the labor board.
John, Check the union contract as well as the labor union laws in your state, if you're not in Illinois. Some labor unions offer what called fair sharemembership; your dues are less than regular full membership but at least you have them to back you when you need them. Additionally, what does your employment handbook say about demotions, etc.? You could possibly have a violation here under the labor board law as well. Best of luck!
John,
Your only option may be to seek legal assistance outside of the union. The teacher's union exist in part to assist with matters like this; the catch is unions often have their own agendas which may not align with your personal beliefs giving you a very strong reason not to align yourself with them.
One way the union can help you indirectly is case law. If the union took your employer to court for matters of salary in the past that is now public record with you have every right to use and site in your own case if you end up having to take this to court.
Oh goodness John!!! That is awful! I can't believe someone would do that to you! If your employer refuses to look further into this, it may be that you do need to go with the union. I know it may not be the way you hoped to go, but they will help you get the pay you are supposed to get.
You can look for free consultation outside of the job. Find a local resource through this national website - http://www.careeronestop.org/localhelp/stateservices/state-services.aspx