Heading for unemployment???

[jhrebik]

What is the name of your state? VA (work in DC)

Hi all. I'm at my wits end at work. One year ago, I moved here and took a $25,000 pay cut to work at my current company. Of course my boss sold me on the fact that my bonus potential was based on 10%, but was unlimited based on performance. I was also promised more significant authority and management-type roles after about 90 days.
After my first 4 months, my duties were changed, but my boss never discussed this change with me. Also at that time, all employees' semi-annual evaluations were performed and bonuses awarded. Everyone was completed except for me. After four months now, I have asked my boss repeatedly, have been to HR 4 times, and still no review, no bonus.
Add insult to injury, my pay was recently docked one day for being out sick, even though I worked more than 40 hours in the rest of that week. I am a salaried manager, and that would never fly with an hourly worker. Overtime is frequent (50+ hours), and is not rewarded, but they are quick to take away pay for time missed.
Furthermore, I have recently found out that the job it was implied I would be taking over responsibilities for has been advertised. I emailed my boss telling him of my interest (since I could never get a meeting with him), and he has yet to even acknowledge my interest. If, after an evaluation 4 months ago, I could have put myself in a better position for this promotion, and I don't get it because of that, am I just out of luck?
Do I have any recourse here? I have never felt so unsure of my performance or my job security. I am starting to look elsewhere, but still want the money I have earned!

 

[cbg]

You MAY have some recourse with regards to being docked the sick day. Not definitely - there are circumstances in which it is legal to dock even an exempt employee. Primarily, even an exempt employee may be docked pay when:

1.) It is the first or last week of employment and you do not work the entire week
2.) You are on FMLA
3.) You take a full day off for strictly personal reasons
4.) In a company with a bona fide sick time policy, you call in sick when you either are not yet eligible for or have already taken all the time available to you
5.) You have been suspended for a major safety violation (I'm going to have to check this last one with regards to the Fair Pay Act, but that doesn't go into effect till August)

In the case of #s 1,3,4,and 5, the docking can ONLY be in full day increments. In the case of #2, you only have to be paid for the time you actually worked.

The above holds true for docking your pay ONLY. It is QUITE legal in both VA and DC (and, in fact, every state except CA, WA, and possibly NH) to dock your vacation, sick or personal time in either full day or partial day increments. (In the three states named, there are limits to when and how docking paid leave can be done - it is not necessarily completely illegal.)

If you are correctly classified as exempt (and if you are a manager it is likely that you are) there are NO circumstances in which they are required to pay you overtime, regardless of how many hours you work. However, you can only legally have your pay docked in the circumstances named above.

Barring a contract saying otherwise, there is no legal requirement that they provide performance reviews. It is ENTIRELY up to the bonus agreement whether or not they must provide a bonus. Nothing in the law prohibits them from changing their mind or delaying any upward mobility - nothing in the law says that they have to allow you to interview or apply for a promotion. In that regards you are just out of luck.