Lawyerin question

[stoops the eternal pimp]

My boss, who is angry at me for taking off work for my mothers death, is trying to cut my pay by 25% so that they can hire someone else who can do the same things I can....

I've seen in some states an employee can quit in these circumstances and draw unemployment....Can anybody help?

BTW, My place of work just named me employee of the quarter out of 1000 employees for going above and beyond my job duties...I just happen to be working for Lucifer in my department.

[Okla-homey]

It depends.

Sorry. Not nearly enough info here to make an informed response. However, unless you have a contract, in Okie, a private employer can fire you or cut your wages for any reason except your race, national origin, religion, and to a lesser extent, your gender.

[stoops the eternal pimp]

OK...I work for a tribe...There is not any performance issues....But I don't have any kind of contract..

[Crucifax Autumn]

In Nevada, if you are cut a significant amount, you can file as "partially employed" or some such thing and unemployment pays some of the difference. It is also valid reason to quit and you will be approved for unemployment. That was a large part of my own case against my former employer and the reason that 2 appeals later they are still the loser.

Not sure how it works in Oklahoma, though I think that both OK and NV are right to work states so a lot of it should be similar on the employee side, just as it is on the employer side as Homey pointed out.

[NYC Poke]

OK...I work for a tribe...There is not any performance issues....But I don't have any kind of contract..

Does the tribe have an HR department you can discuss this with?

[stoops the eternal pimp]

They do, but they are like the queen of england..no purpose really

[Frozen Sooner]

It depends.

:D

And I have nothing at all to contribute as regards to labor law. Consult with an attorney licensed to do business in your jurisdiction.

[stoops the eternal pimp]

OK...I am going to, I was wondering if anybody had any experience or knowledge of this kind of thing...

[JohnnyMack]

I used to watch LA Law. Call me. We'll talk.

[JohnnyMack]

I used to watch LA Law. Call me. We'll talk.

[SCOUT]

I am in HR but in Texas. We have had reduce salaries on a number of occasions and it is generally at the discretion of the employer. If you do not have a contract, your salary is not guaranteed.

Was the time you took off for you Mother's passing (my condolences) lengthy? Also, was any of the time taken off to care for her? If it includes time to care for her you may have some action under the Family Medical Leave Act.

Before you quit, I would recommend seeking assistance from within your employer. I understand that your HR team isn't the most helpful but I have to assume that there is at least someone in power who values your service. Who nominated you for the employee of the quarter? Where I am going with this is that your employer seems to have a situation where a valuable member of the team is being pushed towards leaving by a Manager who doesn't appreciate the value.

[OKLA21FAN]

OK...I work for a tribe...Sovereign Nation? We may have stole their land, but their laws still exist and might be a little screwy.

the bright side is that you still have your balls, and not having them strung up on some lodge pole. :pop:

[stoops the eternal pimp]

I was gone 3 1/2 days technically since I went in Monday morning at 5am(she passed at 430am) and worked til 830am to make sure my work was done for the week..and then I came in on wednesday to help with someone else's project..And we are supposed to get 3 days of bereavement leave for passing of a parent...and I've got about 5 weeks of vacation in my bank..

I'm still trying to figure out what Im going to do..its just getting out of hand..

When I went to work last tuesday, she had me go wash her car and vacuum it...trying to get me to quit

[OUHOMER]

When I went to work last tuesday, she had me go wash her car and vacuum it...trying to get me to quit

Now that is bull****, unless you work as a valet. What do you do for these fine folks exactly.

[stoops the eternal pimp]

Im a statistician...I also do IT work, the budgets, all reporting, and travel local and nationally to speak for them

[SCOUT]

I was gone 3 1/2 days technically since I went in Monday morning at 5am(she passed at 430am) and worked til 830am to make sure my work was done for the week..and then I came in on wednesday to help with someone else's project..And we are supposed to get 3 days of bereavement leave for passing of a parent...and I've got about 5 weeks of vacation in my bank..

I'm still trying to figure out what Im going to do..its just getting out of hand..

When I went to work last tuesday, she had me go wash her car and vacuum it...trying to get me to quit

Does your employer have a bereavement leave policy?

[stoops the eternal pimp]

yes...its 3 days

[SCOUT]

I obviously have reading comprehension issues :D

I would pursue the matter with another member of your management team. Your Manager needs to be addressed on several of the things you mentioned.

[btk108]

Her personal vehicle? Is that in your job description? If it was her personal car and she had you wash it.....she's embezzling.

[OUHOMER]

well, best of luck on what ever you decide to do. makes me wonder if she has a relative who needs a job or something along those lines.

[stoops the eternal pimp]

well, best of luck on what ever you decide to do. makes me wonder if she has a relative who needs a job or something along those lines.

Bingo !!.....She is having an affair with a man(an upper power in the tribe) and his son needs a job....

[OUHOMER]

Hire a private investigator and nail both of them to the wall.

[Breadburner]

Sounds like she is creating a hostile work enviroment for you........I know a lawyer that specializes in this.......

**Disclaimer** He is a big poke fan......

[soonerboomer93]

actually, it does sound like a hostile work environment possibly.

The key is document, document, document.

[Okla-homey]

OK...I work for a tribe...There is not any performance issues....But I don't have any kind of contract..

Short version: You're at their mercy. Sorry.

[TUSooner]

It depends.

Sorry. Not nearly enough info here to make an informed response. However, unless you have a contract, in Okie, a private employer can fire you or cut your wages for any reason except your race, national origin, religion, and to a lesser extent, your gender.

Homey is c'rect as usual.
There is the concept of "constructive discharge" which means they made you quit without straight-up firing you. But "constructive" or straight up, a discharge that doesn't violate a contractual agreement or a constitutional right is generally not actionable -- unless some state law gives you rights, which is mucho unlikely, as Homey sez.
Your question is a little different since you ask about eligibility for unemployment (UE) benefits. I don't know what the p'ticular eligibility requirements are, but I'd contact the state department of labor or whoever handles UE claims. My extremely-limited-and-uncertain-and-probably-wrong-so-don't-rely-on-me recollection is that you generally canNOT get UE if you quit or get fired for cause, but in between, there's room for debate. "Constructive discharge" without cause might maybe possibly could-be get you UE benefits. Hope this helps ! :) :rolleyes: :O

[soonerbrat]

I used to watch LA Law. Call me. We'll talk.

that was only funny one time.

actually, it wasn't that funny.

[beer4me]

STEP you work for the Choctaws?

[Okla-homey]

I would add only that you might want to check the tribal statutes. Some tribes, including one for which I do a fair amount of work, has a statutory employee grievance program the complainant must exhaust before suing in tribal court. That said, it's still an "employment at will" scenario, and all my previous comments apply.

[stoops the eternal pimp]

OK..I've been checking today to see what I can do within the system, which doesn't look like much..thanks for the info..