Reply to thread

Message

I mentioned this was multi-pronged.

My hours are paid, I never suggested they weren't. "Employee Misclassification" is wage theft.

After refusing to work my Directors dual status scheme, I was given a reduced schedule, taken from 40 to 25hrs/wk as mentioned. That reduction can be seen as retaliatory resulting from blowing the whistle as was my demotion.

HR doesn't agree; they see my demotion as the result of placing my old duties inside the independent contractor's position which I've chosen not to accept. My resulting employee title reflects my updated duties and is not called a demotion.

My hourly wage is also still the same but a 46% reduction in scheduled weekly hours, so my take home has almost been halved. I'm also still receiving my previous health benefits, at least for now. HR says I'll keep those until this December as my average hours are dropped below 30per/wk, and my Full-time status is taken away.

On the independent contractor's side, those hourly wages were lowered and set 20% below my normal hourly as an employee. That was part of my wage theft allegations.

Oddly enough I can reclaim those IC hours and add that income back to what I make as an employee in the building; this is still an option. I'd have to accept the IC status for those duties, the reduced hourly wages and carry my own liability insurance to perform that work off property. I'm told under this status I will not receive OT and those hours will not count towards my benefits eligibility.

In short, I accused my Director of Wage Theft "Employee Misclassification" because he wanted to avoid paying my OT, and he wanted that portion of my schedule generating those hours moved into another budget. The independent contractor status was the way he found to offload those duties from his department's budget to another.

The result of turning him in:
1) Demotion to an entry level position and stripped of my responsibilities.
2) Weekly Schedule reduced.
3) I was accused of wage theft. "Unauthorized hours, benefits and promotion."
4) While defending against this, I discovered I wasn't given the exact employment classification I expected one year before. This discovery was accidental. (the bait and switch) It turns out the promotion to Full-time I received was the lesser of 2 Regular Full-time categories at my company. Connected to #3 My new Director claims that Full-time promotion was not authorized under the previous administration and that Part-time to Full-time status is earmarked to be taken away.
5) According to HR, I'm on my way to becoming reclassified as Part-time again, and my scheduled hours already reflect that.

All of this drama occurred after reporting the "Employee Misclassification" incident. I have a feeling he wanted to unwind me from benefits status anyway, failed to do the due diligence on how I achieved that status with the previous administration and made a misstep when he created a dual status Employee/Independent Contractor. I called him on it, and HR is covering him, creating the proper managerial labeling for his actions and throwing me under the bus as if I was stealing hours and benefits to justify the whole mess.

As far as those allegations HR made against me, they've backed off on that recently. I argued I don't make or approve schedules or approve timesheet's and I certainly couldn't promote myself to Regular Full-time status. But HR has told me the decisions and actions taken will stand.

Everything that's followed has been to excuse and justify his knee-jerk behavior when I stood up to the abuse.

The previous administration isn't clean either with their Bait and Switch. I recently spoke with my retired Manager, and he told me how I ended up with the lesser Full-time status. He just never got around to telling me what he secured, which was timely information I needed and would have affected my decision to stay or not. I'm pissed because that Full-time status has a 30hr/wk minimum built in and the PTO scale is less under that classification. The offer he made me was for a regular 40. Funny, he defended it, telling me he got me the full-time status I asked for but couldn't justify the full 40hr status he promised me to his boss, and it was he who substituted the lesser.

The deception in the Bait and Switch is all largely moot now because this new Director doesn't respect the status change anyway, says it wasn't approved and is working to remove it.

<blockquote data-quote="Brianna_Z" data-source="post: 257954" data-attributes="member: 118317">I mentioned this was multi-pronged.My hours are paid, I never suggested they weren&#039;t. &quot;Employee Misclassification&quot; is wage theft.After refusing to work my Directors dual status scheme, I was given a reduced schedule, taken from 40 to 25hrs/wk as mentioned. That reduction can be seen as retaliatory resulting from blowing the whistle as was my demotion.HR doesn&#039;t agree; they see my demotion as the result of placing my old duties inside the independent contractor&#039;s position which I&#039;ve chosen not to accept. My resulting employee title reflects my updated duties and is not called a demotion. My hourly wage is also still the same but a 46% reduction in scheduled weekly hours, so my take home has almost been halved. I&#039;m also still receiving my previous health benefits, at least for now. HR says I&#039;ll keep those until this December as my average hours are dropped below 30per/wk, and my Full-time status is taken away.On the independent contractor&#039;s side, those hourly wages were lowered and set 20% below my normal hourly as an employee. That was part of my wage theft allegations.Oddly enough I can reclaim those IC hours and add that income back to what I make as an employee in the building; this is still an option. I&#039;d have to accept the IC status for those duties, the reduced hourly wages and carry my own liability insurance to perform that work off property. I&#039;m told under this status I will not receive OT and those hours will not count towards my benefits eligibility.In short, I accused my Director of Wage Theft &quot;Employee Misclassification&quot;&nbsp; because he wanted to avoid paying my OT, and he wanted that portion of my schedule generating those hours moved into another budget. The independent contractor status was the way he found to offload those duties from his department&#039;s budget to another.The result of turning him in:1) Demotion to an entry level position and stripped of my responsibilities.2) Weekly Schedule reduced.3) I was accused of wage theft. &quot;Unauthorized hours, benefits and promotion.&quot;4) While defending against this, I discovered I wasn&#039;t given the exact employment classification I expected one year before. This discovery was accidental. (the bait and switch) It turns out the promotion to Full-time I received was the lesser of 2 Regular Full-time categories at my company. Connected to #3 My new Director claims that Full-time promotion was not authorized under the previous administration and that Part-time to Full-time status is earmarked to be taken away.5) According to HR, I&#039;m on my way to becoming reclassified as Part-time again, and my scheduled hours already reflect that.All of this drama occurred after reporting the &quot;Employee Misclassification&quot; incident. I have a feeling he wanted to unwind me from benefits status anyway, failed to do the due diligence on how I achieved that status with the previous administration and made a misstep when he created a dual status Employee/Independent Contractor. I called him on it, and HR is covering him, creating the proper managerial labeling for his actions and throwing me under the bus as if I was stealing hours and benefits to justify the whole mess.As far as those allegations HR made against me, they&#039;ve backed off on that recently. I argued I don&#039;t make or approve schedules or approve timesheet&#039;s and I certainly couldn&#039;t promote myself to Regular Full-time status. But HR has told me the decisions and actions taken will stand.Everything that&#039;s followed has been to excuse and justify his knee-jerk behavior when I stood up to the abuse.The previous administration isn&#039;t clean either with their Bait and Switch. I recently spoke with my retired Manager, and he told me how I ended up with the lesser Full-time status. He just never got around to telling me what he secured, which was timely information I needed and would have affected my decision to stay or not. I&#039;m pissed because that Full-time status has a 30hr/wk minimum built in and the PTO scale is less under that classification. The offer he made me was for a regular 40. Funny, he defended it, telling me he got me the full-time status I asked for but couldn&#039;t justify the full 40hr status he promised me to his boss, and it was he who substituted the lesser.The deception in the Bait and Switch is all largely moot now because this new Director doesn&#039;t respect the status change anyway, says it wasn&#039;t approved and is working to remove it.</blockquote>

[QUOTE="Brianna_Z, post: 257954, member: 118317"] I mentioned this was multi-pronged. My hours are paid, I never suggested they weren't. "Employee Misclassification" is wage theft. After refusing to work my Directors dual status scheme, I was given a reduced schedule, taken from 40 to 25hrs/wk as mentioned. That reduction can be seen as retaliatory resulting from blowing the whistle as was my demotion. HR doesn't agree; they see my demotion as the result of placing my old duties inside the independent contractor's position which I've chosen not to accept. My resulting employee title reflects my updated duties and is not called a demotion. My hourly wage is also still the same but a 46% reduction in scheduled weekly hours, so my take home has almost been halved. I'm also still receiving my previous health benefits, at least for now. HR says I'll keep those until this December as my average hours are dropped below 30per/wk, and my Full-time status is taken away. On the independent contractor's side, those hourly wages were lowered and set 20% below my normal hourly as an employee. That was part of my wage theft allegations. Oddly enough I can reclaim those IC hours and add that income back to what I make as an employee in the building; this is still an option. I'd have to accept the IC status for those duties, the reduced hourly wages and carry my own liability insurance to perform that work off property. I'm told under this status I will not receive OT and those hours will not count towards my benefits eligibility. In short, I accused my Director of Wage Theft "Employee Misclassification" because he wanted to avoid paying my OT, and he wanted that portion of my schedule generating those hours moved into another budget. The independent contractor status was the way he found to offload those duties from his department's budget to another. The result of turning him in: 1) Demotion to an entry level position and stripped of my responsibilities. 2) Weekly Schedule reduced. 3) I was accused of wage theft. "Unauthorized hours, benefits and promotion." 4) While defending against this, I discovered I wasn't given the exact employment classification I expected one year before. This discovery was accidental. (the bait and switch) It turns out the promotion to Full-time I received was the lesser of 2 Regular Full-time categories at my company. Connected to #3 My new Director claims that Full-time promotion was not authorized under the previous administration and that Part-time to Full-time status is earmarked to be taken away. 5) According to HR, I'm on my way to becoming reclassified as Part-time again, and my scheduled hours already reflect that. All of this drama occurred after reporting the "Employee Misclassification" incident. I have a feeling he wanted to unwind me from benefits status anyway, failed to do the due diligence on how I achieved that status with the previous administration and made a misstep when he created a dual status Employee/Independent Contractor. I called him on it, and HR is covering him, creating the proper managerial labeling for his actions and throwing me under the bus as if I was stealing hours and benefits to justify the whole mess. As far as those allegations HR made against me, they've backed off on that recently. I argued I don't make or approve schedules or approve timesheet’s and I certainly couldn't promote myself to Regular Full-time status. But HR has told me the decisions and actions taken will stand. Everything that's followed has been to excuse and justify his knee-jerk behavior when I stood up to the abuse. The previous administration isn't clean either with their Bait and Switch. I recently spoke with my retired Manager, and he told me how I ended up with the lesser Full-time status. He just never got around to telling me what he secured, which was timely information I needed and would have affected my decision to stay or not. I'm pissed because that Full-time status has a 30hr/wk minimum built in and the PTO scale is less under that classification. The offer he made me was for a regular 40. Funny, he defended it, telling me he got me the full-time status I asked for but couldn't justify the full 40hr status he promised me to his boss, and it was he who substituted the lesser. The deception in the Bait and Switch is all largely moot now because this new Director doesn't respect the status change anyway, says it wasn't approved and is working to remove it. [/QUOTE]

Verification: Enter the color of a banana?