I was promoted to a hire position and was told I would be salary non exempt. My offer letter signed by both parties states the salary. When I didn't work a full 40 my pay was docked to represent hourly pay (at the salaries breakdown). I had no remaining PTO and was forced to take PTO from next year, I was also written up. At the beginning of this year I had to take a day and a half of pto due to medical necessity and have now been told by my DM I cannot use any remaining PTO days until the beginning of June because my accrued PTO time does not have enough hours built up. When I asked HR to clarify because all of our PTO is front loaded and I wanted the accrual amount I was told something different. Both parties are quoting policy but interpreting it differently. Either way I don't so much care about not being able to PTO until then I just want to make sure I'm doing what's in policy and my real concern is now I am being threatened to be written up again because I asked for clarification regarding the PTO policy from HR. (Side note my initial question to HR was a directive from my immediate supervisor who requested I obtain all persons accrued PTO amounts to make sure no one was going over after a training session. I never asked about my accruals individually or initiate a clarification on policy without being instructed to do so, yet I am now being told I might get written up) If I get fired or written up do I have recourse?
1 Answer from Attorneys
Unfortunately, probably not. You can be disciplined and/or terminated for any reason other than discrimination or retaliation. I suggest you consult with an employment attorney before proceeding.