Skip to main content
Richard E Hayber

Richard Hayber’s Answers

24 total

  • Do I need a Labor attorney?

    I am a non-exempt employee working for a private manufacturing firm in Connecticut for the past one year. My employer docked a day's pay for being 30 minutes late without my knowledge or any warning or writing me up even though I worked for rest ...

    Richard’s Answer

    Employers are required to pay employees for all hours worked. They may not dock you a whole day for being 30 minutes late. You should ask to be paid in full for the hours you worked. If they don't pay, you can either file a Statement of Claim for Wages with the Connecticut Department of Labor or hire a lawyer to help you. Is this the employer's normal practice? Are others affected?

    See question 
  • Can an employer qualify your salary position as "exempt" from OT pay just because it says it in your employment contract?

    I am an Audio Video Installation technician and hold no level of authority within the company, yet I just realized that on my employment contract it says that the position I'm being hired for is an "exempt" salary position. My question is basic...

    Richard’s Answer

    The previous answers are correct in that you cannot waive your overtime rights by contract. The larger question is whether or not you'll win. We represent employees frequently in overtime claims. Generally, unless you manage at least 2 full time employees or perform administrative duties, you are entitled to overtime pay. It seems to me that an Audio Video Installation technician is more of a production worker. The courts in our jurisdiction have consistently ruled that production workers are entitled to overtime. We have many cases like that pending. Of course, this only matters if you work more than 40 hours per week. If you take the job, and work over 40, you should ask to be paid overtime for the extra hours. If they don't pay, ask why. You might also seek legal advice at that point.

    See question 
  • Is it legal in CT for restaurants to train employees without pay?

    My daughter has now worked 28 hours with no pay at all ( not even tips) and they want her to work one more shift before paying her? Is this right?

    Richard’s Answer

    This is most definitely not right. We have minimum wage laws in Connecticut and the 13th Amendment abolished slavery!

    See question 
  • If my employer calls me in to work can they force me to take comp time?

    If my employer calls me in on "non-working" time (nights/weekends/holidays) can they require me to leave early another day during that pay period so they don't have to pay me extra for when they called me in?

    Richard’s Answer

    Comp time is generally not a legal substitute for overtime pay. So, if you worked 44 hours in a week, the 4 extra hours must be paid at time and a half. Letting you work only 36 hours in the next week is not sufficient.

    See question 
  • Can i be charged a late fee for not sending in my time sheet, even though i clock in and out every time i work?

    I have to email my time sheet to the office even though i clock in and out every time i work. If my time sheet isnt emailed by 10:00 every monday morning i have to pay a 25.00 late fee. i get paid every other week and they have taken out 50.00 out...

    Richard’s Answer

    No. This is not legal. In Connecticut, employers may not make deductions from paychecks without your expressed written consent!

    See question 
  • Was I wrongfully terminated?

    I was terminated today for reporting my manager for taking a sale he shouldn't have.I worked at a furniture store & it's commissioned based.I had a large phone order & he put his name on my paperwork.He did NOTHING to help me.He received commissio...

    Richard’s Answer

    Yes. To the extent that you were complaining about not being paid compensation that you earned, it is illegal to fire you for this. Hire a good lawyer and sue!

    Richard Hayber

    See question 
  • Do i have a right to view my employee file in ct

    if a meeting took place and the hr manager took notes do i have a righ tto see those notes?

    Richard’s Answer

    The Connecticut Personnel Files Act entitles you to a copy of your personnel file. Personnel File is defined as

    (5) "Personnel file" means papers, documents and reports, including electronic mail and facsimiles, pertaining to a particular employee that are used or have been used by an employer to determine such employee's eligibility for employment, promotion, additional compensation, transfer, termination, disciplinary or other adverse personnel action including employee evaluations or reports relating to such employee's character, credit and work habits. "Personnel file" does not mean stock option or management bonus plan records, medical records, letters of reference or recommendations from third parties including former employers, materials that are used by the employer to plan for future operations, information contained in separately maintained security files, test information, the disclosure of which would invalidate the test, or documents which are being developed or prepared for use in civil, criminal or grievance procedures;

    So, if they took no action against you in reliance on those notes, then you don't get it. If they did, you do. To exercise your rights under this law, you need to make a written request. Good luck.

    See question 
  • Documentation use for unemployment?

    I was recently let go from a job because " My skills weren't a good fit for them" Now they are supplying documentation to stop unemployment. I have already gone through a hearing and it was determined that I could get umployment. But now my previ...

    Richard’s Answer

    You should hire a lawyer. The employer will have to prove that they knew about this conduct and that it was the reason you were fired. It will also have to prove that you got the policy and knew about it. Attorneys are quite helpful at these appeal hearings and usually well worth the money since in this economy you might be on unemployment longer than the normal 26 weeks.

    See question 
  • My boss never paid me for the hours I actually worked, I have since resigned, what should I do?

    My boss refused to allow me to put that my hours were more than 40 hours even though I was required to stay late/work on weekends as part of my job function. I was a hourly employee. It amounted to 2-3 hours a week over a period of 2 yrs. I res...

    Richard’s Answer

    I believe that you are better off consulting with any attorney. There are attorneys who specialize in this area (including our firm) and who might be able to represent you and a class of other employees like you at the same company. You should not hesitate, since you can only sue for wages earned in the two years immediately preceding your lawsuit. So, if you filed one today, you could only go back two years from today. Good luck!

    See question 
  • What options do I have if I am fired? What

    I manage a restaurant and recently a woman fell in our parking lot. Our praking lot is in really bad shape. Every year i get estimates to have the lot fixed, but the owner never accepts. There are pot holes everywhere. There are horrible drain gra...

    Richard’s Answer

    Of course, it is perjury to lie. It is also illegal to fire someone who refuses to lie. You should probably consult with an attorney as soon as possible.

    See question