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-   -   Is this legal in Wa. State? (https://www.askmehelpdesk.com/showthread.php?t=294943)

  • Dec 22, 2008, 06:17 PM
    joecvar
    Is this legal in Wa. State?
    I am a chef for a restaurant in Washington state. I receive a salary for my work. The restaurant was recently closed for 7 days due to snow and ice in our area. I received my paycheck and noticed it was considerably smaller than it was supposed to be. When I asked my boss about the problem he said that since he was not making money at that time he was not going to pay me. Is it legal for my employer to do this without notice? Also, is Washington a right to work state?
  • Dec 22, 2008, 06:21 PM
    Fr_Chuck

    Legal? What is your pay arrangement with them, do you get paid over time if you work over the contracted ( agreed to ) hours ?

    Do you get sick or vacation days to take off work, and were you given a chance to use those for those days.

    And to be honest, "right to work" if a company wants to get rid of you, even in states that are not, they can always find a reason to terminate you.
  • Dec 22, 2008, 06:38 PM
    joecvar

    I do not receive overtime. My vacation was used the week before.
  • Dec 23, 2008, 06:08 AM
    excon
    Hello joe:

    Washington is NOT a right to work state... But, as the Padre said, it makes no difference in your case...

    I don't know how much you NEED your job. But, since your boss defined what "salary" IS for his restaurant, tell him that's fine, but he's only going to get 40 hours a week from you from now on. You and I both know that chef's work a great deal more than that.

    excon
  • Dec 24, 2008, 11:29 AM
    joecvar
    Quote:

    Originally Posted by excon View Post
    Hello joe:

    Washington is NOT a right to work state.... But, as the Padre said, it makes no difference in your case....

    I dunno how much you NEED your job. But, since your boss defined what "salary" IS for his restaurant, tell him that's fine, but he's only going to get 40 hours a week from you from now on. You and I both know that chef's work a great deal more than that.

    excon

    Thank you for your input.
  • Dec 24, 2008, 11:30 AM
    joecvar
    Quote:

    Originally Posted by Fr_Chuck View Post
    Legal ?? what is your pay arrangement with them, do you get paid over time if you work over the contracted ( agreed to ) hours ?

    Do you get sick or vacation days to take off work, and were you given a chance to use those for those days.

    And to be honest, "right to work" if a company wants to get rid of you, even in states that are not, they can always find a reason to terminate you.

    Thank you for your input.
  • Dec 24, 2008, 01:31 PM
    twinkiedooter

    This makes no sense to me. The restaurant is closed due to the weather and YOU insist on being paid your regular salary. This was not your bosses fault. It was the weather. The restaurant could not do business and bring in money. No body got paid. You did say you got your vacation the week before. You can thank your boss for at least paying you for your vacation. You do have a job. Consider yourself fortunate to at least have a job. My office is shut down due to the holidays from Tues at noon until Monday at 9AM. Not a thing I can do about it but just tighten my belt a few notches and keep on keeping on.
  • Dec 26, 2008, 09:29 AM
    this8384

    I agree with Twinkie; unless you were salaried, I don't see how you can expect to be paid for work that you never put in. If you're not salaried, then you're entitled to overtime and you have every right to demand it.
  • Dec 26, 2008, 09:56 AM
    excon
    Quote:

    Originally Posted by joecvar View Post
    I am a chef for a restaurant in Washington state. I receive a salary for my work.

    Hello this:

    I guess you missed it.

    excon
  • Dec 26, 2008, 10:17 AM
    this8384

    We all receive a salary, ex. Just getting paid doesn't mean you're salaried ;)
  • Dec 26, 2008, 10:26 AM
    excon
    Hello again, this:

    I don't think so. We all receive PAYCHECKS. Not all those checks are based upon a salary. Salary means one thing. Hourly means another. I took his mention of salary literally.

    excon
  • Dec 26, 2008, 10:27 AM
    this8384

    Never mind, I just went and looked up the legal definition of "salary." I always assumed what you got paid was a salary, and continued to assume that everyone's brain works as mine does :D

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