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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsNeed Help Aspie Daughter TOTALLY screwed over working for Dollar General
Hi All,
My daughter got her first job ! YAY! EXCEPT it was with Dollar General in Jaffrey NH.
Long story short, payday is Friday but she hasn't been paid on Friday. Up until the last two weeks (she has worked for them about 5 weeks) SHE gets her direct deposit on Tuesday. BUT the last two weeks she hasn't been paid at all. She is the only person with this problem. She is the only person with Aspergers working for Dollar General in Jaffrey NH.
What I need help with is this.
I know we need to file a wage complaint with the New Hampshire Labor Board
But who else can we file complaints with, I think there is discrimination here, she has definitely been treated differently.
I want a microscope put on this company and I want them to squirm under it.
My daughter worked very hard for them. She has given her notice, I made her quit. Next week is her last week but under the circumstances, I don't feel she should work a day until she is paid for the last two weeks.
I am furious and want to make them pay! Should I get a labor lawyer? Dollar General is notorious for being a terrible employer but someone needs to hold them accountable and if we can do our part to force them to stop playing around with their employees the so be it.
I hope to get a lot of help from you folks. I really think they felt they could do what they wanted to the kid with Aspergers. Well, not my kid!
ArcticFox
(1,249 posts)Somebody that will work on contingency. Could be wrongful termination, discrimination. Sounds like they forced her to quit.
Robyn66
(1,675 posts)Would it be a labor lawyer? Or is there another type I should look for?
elleng
(130,974 posts)but a well-rounded generalist could also do the job.
Warpy
(111,277 posts)and make sure you get her to take photos of her time card.
Taking advantage of any handicapped person is sick beyond belief. I hope your daughter realizes not everyone is like that.
ArcticFox
(1,249 posts)A labor lawyer usually deals with union issues.
But call around to both kinds, I could be mistaken.
Also, check the state and county bar associations and the court system. They may have referral services or be able to help find a lawyer.
elleng
(130,974 posts)and x-post in NH and other forums, like Asperger's/PDD (Group)
JeffHead
(1,186 posts)Manchester Area Office
U.S. Department of Labor
Wage and Hour Division
1155 Elm Street, Suite 501
Manchester, NH 03101
Phone:
(505) 248-6100
1-866-4-USWAGE
(1-866-487-9243)
George Watkins
District Director
mockmonkey
(2,820 posts)They kicked ass when I needed help.
Robyn66
(1,675 posts)Every bit of information is helpful! I want to know EVERYTHING I can do federal agencies I can contact too!
abbeyco
(1,555 posts)and document everything - when she wasn't paid on schedule with the rest of the employees and see if she has copies of anything she signed during her new hire intake/orientation that could cause any deviation from their normal practices.
Let her work out her two-week notice to them instead of just quitting. Document how they treat her from the 'giving notice' standpoint and monitor her direct deposit activities. By letting her work through her notice, she should let you know if she's being treated differently, if there's management hostility or anything like that. If they make it intolerable for her, have her document what's going on with names, dates and times to help build your case.
There should be a Wage/Hour attorney you can find to assist, if not, scout your local law school and see if there's a Professor who can assist or see if there's someone from a local legal society who can assist.
Good luck and please let me know how this goes down - it smells and sounds like bullshit is happening to someone who clearly doesn't deserve it.
REP
(21,691 posts)Mopar151
(9,989 posts)(even if she has'nt made enough in the past to qualify), her reasons for leaving employment voluntarily will be checked, and forwarded appropriately to a Labor Dept. investigator.
Since Employment security and the Labor Dept. were put under the same comissioner a little over a year ago, they work together a lot more closely. I got fired by a real sleazeball last summer, and they f'n shredded him for me.
You may well be able to report it directly to Dept. of Labor, but your local Employment Security office can hook you up with them.
PS - I am an Aspie, or something similar. We are canaries in the mine for bad employers - something about us brings out the worst in them.
hughee99
(16,113 posts)for work that she does?
Robyn66
(1,675 posts)they said it was a "computer glitch" then she found her name was never in the computer at all. She never got a proper pay stub but was supposed to have access to the website (which she has no access to )
THis last time when she did not get paid at all, her boss blamed her and then re-entered her hours again to be paid today along with last week's hours.
Now she has gone two weeks no pay.
WHen Sarah contacted her boss she said she would contact corporate. But nothing more today.
hughee99
(16,113 posts)Just once I'd like to see someone own up to their own incompetence or dishonesty rather than blaming the computer. I used to work on computer systems that got blamed for people's mistakes, so my first thought was that this was the explanation they gave. I'd think a retail company with the 4th most locations in the US (over 10,000) has reliable software, so I suspected that was complete bull (as you did).
I wish you the best of luck handling the situation, and hope your daughter is taking it all well. Sorry I can't offer any advice that others have already posted, but you have my support.
Blue Diadem
(6,597 posts)He/she should be assisting her in finding out why she hasn't received payment.
Robyn66
(1,675 posts)FarCenter
(19,429 posts)Is this a new store?
http://www.dollargeneral.com/storeLocator/
Robyn66
(1,675 posts)My daughter busted her ass getting that places set up to open a couple of weeks ago.
alcibiades_mystery
(36,437 posts)I wish you the best, but I think you're assuming the worst, when it's probably just everybody trying to figure out how this here system works.
Courtesy Flush
(4,558 posts)The fact that she's the only one with the problem could be explained by her being the only one that was entered incorrectly in the payroll system.
Don't jump into a legal battle without first working to resolve the problem. You'll get her labeled as a litigious "problem employee".
EDIT: I just saw your comment about this being a new store, which makes error a more likely cause.
Robyn66
(1,675 posts)but it has been 5 or 6 weeks now and she has gone from being paid late to not being paid at all. The manager has been aware of it and has not fixed it. This has gone on too long for it to be error.
pacalo
(24,721 posts)He should be reported. If you don't get any results after that, then the problem goes higher up & needs to be reported for investigation.
I know the challenge & the emotion you have to deal with, Robyn, & I wish you the best of luck.
noamnety
(20,234 posts)If she ever runs into this situation in the future, or similar problems - advise her to look for a new job while keeping the old one. It's so hard to get a job as it it, but many employers won't hire someone who is unemployed. It's way easier to get a job when you already have one. And now she'll have that employment history of holding a job for only a few weeks, which will also count against her. Long term, she likely would have been better off sticking it out and working the system to get the retroactive pay.
I know that's a bit of a debbie downer response and what's done is done. I'm just pointing out that you should rethink some things if you'll be in a position to give her career advice again down the road.
Robyn66
(1,675 posts)She is starting college in September this isn't a job she needs and she has some other irons in the fire.
noamnety
(20,234 posts)That's a reasonable explanation for leaving a job.
rug
(82,333 posts)It looks like a pretty clear violation.
Lab 803.01 Payment of Wages.
(a) Pursuant to RSA 275:43, I and II, every employer shall pay all wages due to his/her employees within 8 days, including Sundays, after the expiration of the workweek on regular paydays designated in advance. Biweekly payments of wages shall meet the foregoing requirement if the last day of the second week falls on the day immediately preceding the day of payment. Payment in advance and in full of the work period, even though less frequently than biweekly, also meets the foregoing requirement.
(b) Every employer who requests permission to pay less frequently than required by RSA 275:43, I, shall supply the department with the following:
(1) Method of payment;
(2) Whether biweekly; or semi-monthly or monthly;
(3) When each pay period begins and when each pay period ends;
(4) Designated payday;
(5) Classification of employees;
(6) The salary range of the employees involved; and
(7) The employers' federal identification number.
(c) Permission shall be granted pursuant to RSA 275:43, II on a case by case basis provided the following terms and conditions are met:
(1) The information supplied pursuant to Lab 803.01 (b), above, is complete;
(2) The designated payday is on a regular schedule which is no less frequent than monthly;
(3) The employer has no history of wage and hour violations; and
(4) The employees of the employer making such request will not endure financial hardship by a decrease in pay frequency.
(d) If permission is granted pursuant to Lab 803.01 (c) above, the permission shall be valid for an indefinite period of time, provided that:
(1) No complaints are received from the employees involved;
(2) Payroll is regularly satisfied on the designated payday;
(3) The information provided pursuant to Lab 803.01 (b) does not change; and
(4) The employer remains in compliance with all New Hampshire labor laws.
(e) Pursuant to RSA 275:44, I and II, every employer who discharges an employee shall pay all wages owed within 72 hours either by physically giving payment to the employee or by mailing the payment to the employee, at the discretion of the employee. The employer shall pay in full the wages of an employee who quits no later than the next regular payday, except when he/she will not permit the employee to work the period of notice, in which event he/she shall make payment within 72 hours.
(f) Every employer shall pay without condition and within the time set forth in Lab 803.01 (a), and (e) all wages or parts thereof conceded by him/her to be due.
(g) In determining what wages are owed and in making payment thereof, the employer shall:
(1) Pay wages based upon required records of hours worked per RSA 279:27 and RSA 275:49, VI, and in accordance with written or verbal agreements between the parties per RSA 275:49, I-III; and
(2) Require no release as a condition of payment per RSA 275:50, although a receipt may be requested.
Source. #2515, eff 10-25-83; ss by #4017, eff 3-21-86; EXPIRED: 3-21-92
New. #5491, eff 10-20-92, EXPIRED: 10-20-98
New. #7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 803.02)
http://www.gencourt.state.nh.us/rules/state_agencies/lab800.html
AngryOldDem
(14,061 posts)Get on the manager's ass and STAY on the manager's ass until this is resolved. If necessary, drop a few "l" words...like "lawyer" and "lawsuit." Take it higher, too.
Brickbat
(19,339 posts)If she hasn't yet, this would be a great time for her to learn how to stand up for herself and not rely on others to bring in the cavalry. I'd step back and answer her questions, but not do it for her.