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Employment Law/ABUSED LABOR LAWS IN MO

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Question
I worked for an employer who paid me salary. When my hours were minutes or even a few hours short, they would pull from my sick time accrued, did not ask me, just did it. Also I gave birth while working for this company and had expected date to return, my son had to go to Dr that day, so I returned the following day and they paid me for 4 days that week and told me that was how salary worked. I worked for this damn crazy ass place 2 different occasions and was done the same way. How do I go about reporting them?  Because the boss was very vocally mean and lied about things and knocked me out of my unemployment as well. Office manager was supposedly my friend and lied in court as well, because we talked about it ALL the time.

Answer
An employer does not have to ask permission to use PTO (vacation or sick leave) to cover your time away from work, even as a salaried employee. If you are out full days, the employer may reduce your salary in full-day increments if you do not have PTO to cover that time if the time away is for a major medical issue (which birth qualifies as well as the medical caretaking of a dependent). This is even so in the concurrent use of FMLA protected leave (Family Medical Leave Act). In this two instances, I do not see anything that is reportable. As far as the unemployment issue, you are able to appeal the decision at least twice and if you can prove with documented support that your employer was deceptive, I would advise consulting an employment attorney to help you reopen the case.

Shannon M. Reising, MSP, PHR  

Employment Law

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Shannon M. Reising, MSP, PHR

Expertise

FLSA, FMLA, Title VII, EEOC, AAP, ADAA, Workers Compensation, Payroll, HR Development and Training, Industrial/Organizational Psychology. My approach is from a scientific-practitioner perspective. Rather than basing ideology on pure white-paper study, I answer with a baseline of critical thinking seated in my position as an HR professional. I understand both the psychological underpinnings of both employers and employees, and how the law may be interpreted and applied in countless situations.

Experience

Over 10 years in HR of both non-profit and for-profit organizations ranging in size of population from 20-500 .

Organizations
Notary Public, HR Certification Institute, Society of Human Resources Management, NC Coastal Society of Human Resources Management, American Psychological Association

Education/Credentials
BSBA, MSP, Current Doctoral candidate in I/O Psychology, PHR accredited

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