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Hour reduction/sick father/performance issues

by anon
(New Jersey )

in NJ, I have held my position for 5 years as manager. recently, I have had an increase of work and let my CEO know it is too much to handle and I need help, otherwise I will start making errors from rushing and pushing non priority things off... I was told I couldn't delegate so I asked for more hours and was denied.(I work 32 now) So in return, I made more errors and pushed things back. Mind you, I am considered "salary" now, but the way it works is if I work say 29 hours, I'm required to make up those 3 hours missed by staying late or coming in early BUT if I stay late I do not get paid. when I questioned them about this I was just told "that's how it is"

fast forward, now intop of all this my father is terminally ill. due to this I have been using alot of pto. my boss started to randomly question me about my loyalty (stealing, making changes to business accts behind his back, etc) when he couldn't find anything it then turned into nit picking performance and micromanagement so that made my performance worse. i then asked if hes trying to fade me and they said no. when my father was in hospice inpatient I tried to take the week off to be with him using my pto but my immediate supervisor got mad because there was work to do. so I came in on Monday to delegate as much as I could and Tuesday to get a report done, then left early and was bothered all week about how I should have delegated this or delegated that etc. while I'm sitting with my dying father.

ok so fast forward 2 weeks now my boss brought me in, suspended me for 2 weeks
1 with pay and 1 without pay. because while I was out, insurance claims didn't get submitted. he then told me he removed me off all business accounts and I had a choice to either roll with the punches or quit. of course I can't quit so I plan to go back. but yesterday i got an email from my bosses stating that now o need to send my complete task list by the end of the day ( ok w.e) and also text them every time I arrive at office or leave office to help me "self monitor" , Mind you I have NEVER had an issue with lateness so, the end came with a threat that if I couldn't do this or messed up that they would decrease my hours while I go thru this difficult time. in the case they do that, am I eligible for benefits ? if do not sign anything or agree to the reduction



You need to Pick the Separation Issue and Therefore, The Burden of Proof



You have honestly raised so many issues with this scenario of yours, I don't know where to begin to answer .. considering it would be a free answer.

So, I'm going to start at the bottom and ask you a simple question .. Does your employer have fifty or more employees, and if an exempt employee .. have you checked FLSA guidelines to come to some decision first whether your employer may of misclassified you .. in how they are treating you .. since for me, it almost sounds like a violation of overtime laws in that you are salaried, but they won't allow you to work over 32 hours a week.

That alone smells fishy to me.

Once you read the burden of proof for voluntarily quitting, and that of being discharged for misconduct .. come on back and ask me something relevant about unemployment benefits I can answer .. for free.

Chris

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Jul 27, 2017
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by: Anonymous

first, sorry about your father. I pray he good with God and that you are too for he the best in a tough situation like this. I hope you spend as much time with him as possible and ask him whatever you want and encourage him to do the same, just bond as much as you can, what you learn will help you emotionally and financially.
second, do you feel comfortable going to human resources? if you do, do so because i don't know new jersey law, but my gut says it illegal what they doing, on the spectrum of discrimination and retaliation.
third, I highly recommend you use email with them and don't do as much talking because you need a paper trail of all they done and doing. if you haven't already, begin using email and state in the email specifics like ie 'you said on friday July 13 that i need to either spend more time at work or quit, can you explain why this ultimatum was presented to me while I am caring for my terminally ill father? or can you please tell me how i am expected to complete my tasks without being able to delegate these duties to others while I'm away caring for my terminally ill father? please advise.'

I hope this helps you and finds you in good spirits.

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