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.
Grainov Truth
What kind of student are you that you can't add your hours in your head while you are working? You are the one that allowed yourself to work over the said amount.
Union or non-union?
Oh, and you failed to mention whether if you "pee" on your official break time or on company time? Whether if you have a smoke break on your break time or on company time? (Same applies to coffee breaks.) Or "yapping and socializing" instead of working.
Be realistic and ask yourself and answer it honestly "Would you hire a person like you?" with the amount of work that you do. Or are you short-shifting the company? >you are asking yourself so you can be honest<.
I have had numerous totally up and up companies shift the hours around so that they would not register "Overtime" in the books(for the company did not allow for it. ..and pay me out of their pocket for overtime for they needed the work done.
I have no problem with that. They gave me time off the next week so that I would not get overtime again and everything was back to normal. Again I do not care.
"You cut hay when the sun is shining", for who knows what next day will bring. You could be laid off because there is no work.
As for working 6 hrs without a break. Again, under normal circumstances - that is your responsibility. In some jobs "you got to"(such as Emergency at the hospital or fighting a fire or controlling a riot) which is what the Christmas rush is like BTW.
Thirdly, if you are modeling swimsuits per se: I as the company would want the pretty girls. Not the fatties or the gross ones. You as a part of the buying public look in those catalogs and wish you look as good as those girls do: don't you? Because you know the pretty girls get the handsome guys. And pretty girls are appealing. Fact.
If you look like a "ditch pig" you don't stand a chance. That keeps the makeup and perfume and fine clothing industries going.
If the job required lifting garbage cans into a garbage truck and working outdoors, then I would look for those people that are capable of doing that; none in wheelchairs, none with back problems, or single armed dudes.
You did not even recognize the compliment. They hired you so you must be pretty(and not a mutt)
Nothing discriminatory about it. It is "suitability" to the job type. For the other people will either quit shortly or be fired for not doing the job.
They did not "have" to hire you. You "can" move on.
Just stating the facts.
PiggiePants
last week you worked 29 hours. You worked one whole hour over the limit. Yes that is illegal. Did you object at the time and were you forced to work? Or were you happy with the extra pay? If they schedule you for more than 28 hours a week, refuse and explain that it is illegal for them to do so. If they insist that you work over 28 hours, file a complaint with the NYS Department of Labor (link below).
It seems like the payment hours were a mistake, and they said it would be corrected. Continue to keep accurate time sheets and make sure hours are reported correctly. If they know you are paying attention, such 'mistakes' will be much less likely to happen. Again, if you are again shorted on your hours, contact the NYS Department of Labor (link below)
As for suing, at the most you could sue for is any unpaid wages. If they don't pay you. You would have to prove 'pain and suffering' if you wanted to mount a civil suit, and seriously, how much damage did that one hour of work cause you? If you want to sue them, you will need a lawyer. Go to any 'no fee consultation' lawyer and see if you can convince them to take your case. They get paid only if you win, so if they think there is enough evidence and cause to sue, they will take your case. Actually since you are a minor, your parent or guardian may have to sue them for you. Make sure they are okay with that.
To contact the NYS labor board, use the link below:
http://www.labor.state.ny.us/workerprotection/laborstandards/ls_ContactUs.shtm
kapn
You can sue anyone, anytime for any amount........as long as you can afford it............suck it up and move on...........
jobbend
First, if you want justice, then use the justice system to your advantage. If you have the proof and facts that you were harmed in some way, or treated unfairly under the laws of NYS, then contact your HR department and make a formal complaint. If you do not get resolve, then contact the NYS department of labor with the same information. You may also want to contact an attorney that specializes in labor law regarding your case.
You need to present your information professionally, and stick to the facts that you know. One of the things that you mention is that your manager alters your time card. A time card is a legal record. It it typically not legal for anyone but the person with the name on the card to document anything on that card. The other thing you mention is your manager may be discriminating unfairly. Go to www.dol.gov. You can do some research on the types of discrimination and see if any apply. The main categories are:
Discrimination — Age
Discrimination — Disability
Discrimination — Ethnic/National Origin
Discrimination — Gender
Discrimination — Race
Discrimination — Religion
Discrimination — Veteran Status
Orignal From: Can I Sue? For malpractice, negligence, and anything else that can apply. Please read!?
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