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Old 09-17-2008, 02:16 PM
stacyjones
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My daughter worked on a job for one day, and was later told that they wasn't suppose to hire her. They said there weren't any vacant poistions. Should they still pay her for that day?

In another case, my daughter was working on another job. The supervisor was yelling at her and said, "If you are going to walk around, I am going to send you home and I am not going to pay you". The supervisor was assuming that my daughter wasn't working. My daughter tried to expalin to her that she was working, but the supervisor kept yelling. Could this supervisor just assume that she isn't working after she has been workiing for hours, and not pay her?
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Old 09-17-2008, 05:38 PM
moderator moderator is offline
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Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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Old 09-18-2008, 06:26 AM
Mikilah_Jade
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There is a big difference between "walking around" and "working" ---the test of which is a consideration of "IS THE JOB GETTING DONE?" Some jobs entail "walking around" ( cutting grass, washing cars, etc). But, it is possible to "walk around" and the grass is still high and the car isn't washed. The difference between working and just walking around is one gets the job done, the other one doesn't.

I don't know the nature of the business, but I do find it interesting that this particular scenario has occurred at two jobs your child has had. You ask how the supervisor knows if she is working or walking around? She didn't assume---The answer is obvious----the job ( apparently ) wasn't getting done.

Bottom line: They are required to pay your daughter for the hours she was at work ( whether walking around or actually accomplishing anything). A contractual obligtion of employment doesn't state, EMPLOYEE GETS PAID ONLY IF WORK DONE TO THE STANDARD DETERMINED BY THE SUPERVISOR ON DUTY'. Obviously, work would get done and people wouldn't get paid. They are not obligated to pay her above and beyond those hours she was in person at work and on the clock.
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