I want to sue the company I work for for malpractice, negligence, and anything else that can apply. I live in NY, I'm 17, and a student.
-Last week I worked more than 28 hours which is illegal for NYS, and 29 to be exact. My manager edited my hours and took time off and expected me to not find out. She didn't expect me to save my clock-out sheets and carefully add them up and make sure they add up everytime. So I made copies of them, and asked her the next day...she showed me the computer and tried to persuade me that I actually got 30 minutes more than I should've. Yet again, she did expect me to look closely at the numbers to realize she was showing me DECIMALS instead of MINUTES. When I pointed that out she was like a deer in headlights. So she said that she'd add my time to my next check. Well today is the last day until that check and if it's not on then she's playing me and hoping I'll let it go. By the way I made copies of my hours to prove it.
-Second off, I worked more than 6 hours without getting a break.
-Third, my company is very currupt. My manager has always relied on editing hours so the law wouldn't be broken, child labor laws specifically. Also, she descriminates on the girls that work there. She even told me herself that she's just going to hire pretty girls, I find nothing wrong with that but it's discriminory.
I want my money, and I want my justice.
I come to work 5 minutes early every day just to get 5 extra minutes of pay (the rule is you can only clock in 5 minutes early). I want the money that I worked for, nothing more nor less. It's not the price, I don't care about how much I could get by sueing, if sueing is an option. It's the principal. It's what I earned.
I have everything documented. Including me working more than 6 hours with no break (it shows breaks too), and besides, that's nothing really new...it's more of a continuous infraction. A month from now, I will be willing to go through this legal issue and risk keeping my job.
Also, if that 30 minutes isn't on this week's paycheck that I get nextweek, I will go through it legally.
Joshua H
Go to the New York State Department of Labor and explain the situation. Chances are they'll come down on your asshole employer like a ton of bricks.
Jess
No, you may not sue for malpractice or negligence. Those laws do not apply to your situation.
You may sue for lost time/wages and violating child labor laws. I would notify the state dept. of labor and ask what can be done.
Although first i would try to work it out with my employer. Make an ultimatum... either fix this by next paycheck or the legal process will be started. Also only have conversations with a witness and DOCUMENT EVERYTHING!
steeltoe_abortion
If you can sue for working one extra hour, the world is a ridiculous place. Nay, America is ridiculous, but we all knew that anyway.
I work 72 hours over 5 days and if you work it out, that's less than the 11 hour gap I'm supposed to have between shifts.
Grow up.
Tim S
there should ba a labour board there.
Yes you can and should sue the shit out of them
not only is it a civil suit for hours, but some laws will make it a safety issue. get what you earned
laughter_every_day
Most forms of discrimination are quite lawful. As to your claims, it is no about malpractice or negligence. It is a simple breach of contract. You worked and they agreed to pay for the hour you worked but didn't. If you are willing to lose the job, contact your state labor board and they will enforce the contract for you and get you those few extra minutes of pay.
I'm selling hope 10% OFF
You definately have a case but its not for negligence and I'm not sure about Malpractice, but It is more against child labor laws.
Go to this site and learn about your rights.
http://www.labor.state.ny.us/index.htm
jimbo
Honey, let me tell you this, you youngsters seem to think that all you have to do is run to a lawyer like me and we can make the world go away and make sure that you get a trillion bucks to go with it. It just don't work that way. Just be glad that you have a job right now.The boss is paying you for work that you do so whats the problem. It is very hard to prove that you are not getting what you should have, as for working 6 hours straight, how are you going to prove that, I have no doubt that she can prove that you did not work without a break. I think that is what you are trying to say. Life is hard, and I guess you are finding that out. It does not work the way we think it should, and sometimes we have to take a knock or two. I bet in your town there are dozens of girls that would like to have your job, any job come to that. Look, this is not a career, it is just a job to get you some spending money, so just roll with it and when you go to college and get your degree ,you will remember this and say, I have moved on and she is still there.
M.C
LOL
do you even know what malpractice means? Why not throw in some more law words you learned from TV. Why stop there? Why not sue for the favourite "emotional distress" oh and how about fraud? How about assault? how about discrimination?
Will you just suck it up, and learn the meaning of justice, instead of doing what you're doing right now, MAKING A MOCKERY OF IT.
If they make you work too long you should tell them AT THE TIME, not let the stuff add up until you think you have a 'case' then try to sue the business from under their ass.
Orignal From: Can I Sue? For malpractice, negligence, and anything else that can apply. Please read!?
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