Termination After One Week Trial Period of Employment, My Paycheck Being Withheld

[RlewisC]

Thanks, but I explained this situation exactly how it went down, and two seperate DOL of colorado told me he was breaking the law by not paying me, regardless of the w-2 info.At this point it is his fault he never gather it from me, so he is breking the law for declining paying me and also that the check is at his attorneys office...another unlawful decision. The check has to be at one of three places ,1) the shop I worked in2) employers office 3) an address,..If I go by the shop tomorrow to give him his info and get my check and it's not there, then what?? What can I do?

[jk]

Thanks, but I explained this situation exactly how it went down, and two seperate DOL of colorado told me he was breaking the law by not paying me, regardless of the w-2 info The check has to be at one of three places ,1) the shop I worked in2) employers office 3) an address,

but you already stated he originally told you to come to his office and pick up your check. If you didn't do that, that is your fault. Somewhere along the line something was said that caused him to not want you at his office. I asked previously what that was and you refused to respond. If you didn't get your check because of your actions, it's on you.

.If I go by the shop tomorrow to give him his info and get my check and it's not there, then what?? What can I do?

where were you told to pick it up? If you want to make problems here, you will eventually get your check but realistically, the only person you are really hurting is yourself. By chance, has he told you to not come to the shop? If so and you do, you may be looking at a trespassing charge. I don't think I would want to add a criminal charge on top of everything else.

[RlewisC]

ACtually, he just texted me and said you can come to the showroom and pick up your check at 8 am. I said, ok, what is the window I have if I can't be there right at eight. Yes, I may have pissed him off, in a couple texts but what are we -12 years old. We don't get along, it's nothing unique here...So it ends up over at his attorneys office...I don't know, the fact he wrote out the check and had it prepared with deductions by "guessing",...before I even mentioned anything about not filling out a w-2 for him is a bit skewed here. I'll get the check monday wherever it is, but I am not giving him my address, if I have to, I will then get a restraining order on him. He will get the minimal amount of info...Thanks sir!!

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Regarding being fired for going to the doctor's is actually not legal. My girlfriend works for HR. It's the same as being asked during an interview your religion, your marital status and wheteher or not you have children. All ILLEGAL! And, he did happen to ask me these questions on the first day but it's my word against his. I had the doctor's appt two months before being "hired" and he even said he wanted me to get my lungs checked, and again, an employer CANNNOT ask you what your appt is for, which is all beyond the point but wanted to point that out to you JK.

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Based on that, he didn't guess the deductions, he used the information obtained from me on my first day to know I was single and without children. To cover his ass, there was never a formal intrview. I'm not dragging this on to hurt myself, I know this guy is shady, he didn't demand my address until this battle of wits between lawyer/biss/me went on for a day. Then he asked my address. As far as the pick up goes, my girlfriend was going to pick up my check. He responded to her to pick it up at the showromm any time after 8 am. So mind you, the lawyer got involved several hours later. All was good to go, she was going to pick up my check, then he relocated it and involved his attorney which is at the point the W2 was very first brough up. So with that being said, he's palying cat and mouse with my check and something happened in those few hours where he then decided he needed this legal documentation. So tell me how that is on me or how I am hurting myself? Ths guy has broken several laws and regardless of the pay, DOL still needs to look into this.

[cbg]

something happened in those few hours where he then decided he needed this legal documentation.

Here's what it appears you are failing to grasp: He's right. He does need it. And while I am not denying that he should have asked for it all sooner, he is in no way violating the law by asking for it now. This is truly a situation where better late than never. The Feds are very forgiving of mistakes if there is evidence that the employer attempted to correct the mistake as soon as they learned of it. That's what he's doing - attempting to correct the mistake.

He is REQUIRED to use single, zero exemptions if you do not provide W-4 information. So he's not being shady in doing that - he's following the law.

Regarding being fired for going to the doctor's is actually not legal. My girlfriend works for HR. It's the same as being asked during an interview your religion, your marital status and wheteher or not you have children. All ILLEGAL! And, he did happen to ask me these questions on the first day but it's my word against his. I had the doctor's appt two months before being "hired" and he even said he wanted me to get my lungs checked, and again, an employer CANNNOT ask you what your appt is for, which is all beyond the point but wanted to point that out to you JK

I have been in HR for 30 years and your girlfriend needs to go back to HR school. There is NO legal protection for medical-related absences until you have worked for the employer for a full year. Prior to that, your employer is not required to provide ANY leave for ANY reason, including going to the doctor. The SOLE exception would be related to the ADA and nothing you have posted comes even close to suggesting that the ADA applies here. What's more, marital and parental status are not protected under Federal law and only are protected by state law in a handful of states and even if they were, what's illegal is not in asking the questions but in using the information in making the hiring decisions. The same applies to religion. Granted, it is wiser not to ask the questions because if you don't, you can't be accused of using the information to discriminate, but if your girlfriend believes that asking the questions are illegal, then she is wrong. The same way she's wrong that you can't be fired for going to the doctor outside of FMLA. Ask her to show you the law that says so, why don't you?

[LawResearcherMissy]

I'm not dragging this on to hurt myself

You could have fooled me.

Do you want to be paid or no? If yes, sign the proper documents, fetch your check, and be done with it.

If no, keep blithering here about complete nonsense. Yes, we get it, you think your old boss is a 'tard and you feel like you need to "get even" with him or somesuch nonsense. It's not going to get you paid any faster.

[jk]

Regarding being fired for going to the doctor's is actually not legal.

Um, yes it is. Since you obviously did not fall under FMLA protection, they could fire you for anything or nothing.

My girlfriend works for HR

good. Maybe she can help you get a job where she works.

. It's the same as being asked during an interview your religion, your marital status and whether or not you have children

Nope, not even close.

,

an employer CANNNOT ask you what your appt is for, which is all beyond the point but wanted to point that out to you JK

.well, you run on out and file a claim with whomever you want to file a claim with. You let me know how that works out for you.

Ths guy has broken several laws and regardless of the pay, DOL still needs to look into this

then you go ahead and file a complaint. Obviously we don't have his side of this. The DOL will. They can do whatever they will do.

[RlewisC]

JK...you are now talking to his girlfriend. And I think I may just know alittle bit more than you. First off, this employer did even offer benefits so you really think he was entitled to FMLA. That is a family and medical leave of abscence, usually up to 12 weks in a revolving year of employment, arriving a few hours late becaue of a doctor's appt that was cleared by his boss does not even fall into this category, not even close!!!!!!!! You have no idea what you are talking about. RC never filled out any documentation, there is no HR for this company that would handle FMLA, workmen's comp, sick days, PTO, etc.. RC was asking for advice and you jump in with insults and lies and patronizing remarks . First of all, do you know what FMLA is? And, second off all, how could he be entitled to FMLA IF HE NEVER FILLED OUT FORMS TO IDENTIFY HIS EMPLOYENT? A doctor's appointment does not fall into FMLA, it's not a leave of abscence, it's arriving late to work. The only thing i would like to hear from you is what yo think FMLA is!

Regarding your remark that "good, Maybe she can get you a job" is condescending and out of line. Do you just jump on here to make people feel bad or like thay have done somethig wrong. The fact you even said that makes mequestion wou you are. It's quite suspect. You have no clue what I do, but I can guarantee I do not have the time to research the internet and reply to blogs asking for advice with snide reamrks. I work in the medical field, so trust me, I know what I am talking about.

"I'm not a lawyer" (OBVIOUSLY) but I play a researcher on the internet! (GET A REAL JOB)
"Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death."
Regarding this last statement JK, it sounds like all you really do is patronize people on the internet regarding matters you are not even an expert in. And you think you could "embarrass" us "half to death", I wouldn't be suprised if you are his old boss or attorney. PS: You have embarrassed yourself. YOU HAVE NO CLUE WHO WE ARE SO GOOD LUCK WITH THAT ENDEAVOR.
"I'm training for the MS Society's Bike to the Bay - and blogging about it"! (GOOD, THAT SHOULD KEEP YOU OUT OF THESE DELICATE AND INFORMATION SEEKING POSTS WHICH YOU HAVE NOT HELPED WITH BUT NOW HAVE PISSED ME OFF"


Anyway, anybody else that has useful and empathetic information regarding this situation, we welcome your posts. However,we have pretty much taken it into our own hands now and know how to proeed but we appreciate all the kind feedback we received. Noy you JK

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Hey (j)o(k)er...I'm training for tour de France right now by beating up people that insult my girlfriend.

But, seriously, If I need counsel for this claim, Will you be my attorney??

Thanks for all your worthless insults and wasting our time trying to gather information on this case. You are a flat tire on a broken down ten speed asshole, thanks!

Regarding how proud you are identifying yourself as a "researcher on the internet", so are 6 million other people. But, I am impressed with the way you embarassed us, I gotta hand it to you, We are officially afraid to leave the house. Good luck on your bike race. I sort of get turned on by those bike spandex,yet, I'm always very compelled to run you guys over. Cheers, RC

[harrylime]

...you are now talking to his girlfriend.

Aw heck... Forget the snark that I was about to post. I'll only point out that JK's only mention of FMLA was:

Since you obviously did not fall under FMLA protection, they could fire you for anything or nothing.

[jk]

RlewisC;634240]JK...you are now talking to his girlfriend. And I think I may just know alittle bit more than you. First off, this employer did even offer benefits so you really think he was entitled to FMLA.

Now I know I know more than you. You obviously have no understanding of what FMLA is or its purpose Due to that, I will not engage you in some long drawn out discourse.

That is a family and medical leave of abscence, usually up to 12 weks in a revolving year of employment, arriving a few hours late becaue of a doctor's appt that was cleared by his boss does not even fall into this category, not even close!!!!!!!!

I know it doesn't. If you get your head out of your ass and read what I wrote, you will see that:

originally posted by jk

Um, yes it is. Since you obviously did not fall under FMLA protection, they could fire you for anything or nothing.

You have no idea what you are talking about. RC never filled out any documentation, there is no HR for this company that would handle FMLA, workmen's comp, sick days, PTO, etc.

what the hell does that have to do with anything? If an employer is required to provide FMLA leave, it doesn't matter if there is an HR department or any other department.

. RC was asking for advice and you jump in with insults and lies and patronizing remarks . First of all, do you know what FMLA is?

Yep, sure do. Apparently you don't.

And, second off all, how could he be entitled to FMLA IF HE NEVER FILLED OUT FORMS TO IDENTIFY HIS EMPLOYENT?

I never said he was covered under FMLA. The statement was that unless an absence is covered by FMLA, you can be fired for it. It's just that simple.

A doctor's appointment does not fall into FMLA, it's not a leave of abscence, it's arriving late to work. The only thing i would like to hear from you is what yo think FMLA is!

actually, depending what the Dr. appt was for, it could very well fall under FMLA BUT FMLA was not available for many reasons, the first being he has not worked there for 1 year as required.

Regarding your remark that "good, Maybe she can get you a job" is condescending and out of line.

why? If you can't oh well.
.

You have no clue what I do

, yes I do. You claim to work in HR but your statements tend to suggest otherwise.

but I can guarantee I do not have the time to research the internet and reply to blogs asking for advice with snide reamrks

so don't. Did I ask you to?

. I work in the medical field, so trust me, I know what I am talking about.

Um, if you say so. You could have fooled me though and I'm a tough sell. You had to work and work to convince me you had no idea what you are talking about.

Anyway, anybody else that has useful and empathetic information regarding this situation, we welcome your posts. However,we have pretty much taken it into our own hands now and know how to proeed but we appreciate all the kind feedback we received. Noy you JK

Oh, "our hands". There is nothing to do other than have your BF quit horse assing around and so what he is legally required to do to get his check. If he refuses, then the employer isn't going to give it up. If you think the DOL will demand the employer specifically ignore the law, you have a lot to learn.

[cbg]

I work in HR; have done so for 30 years.

You clearly have little to no understanding of employment law. Either you do not work in HR or you are one of the incompetents that gives HR a bad name. Or, alternately, your BF didn't understand a thing you said.

One or the other of you has claimed that it's illegal to fire someone for a doctor's appointment. Why don't you post a link to the law that says so. I'll wait.