Charles Kirwan
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Answers Posted By Charles Kirwan
Maybe, Courts uphold contracts. But contracts must be performed and contracts must be enforced in good faith.
"Ceding discretion in a contract is not tantamount to subjecting oneself to legalized tyranny. Every contract contains an implied covenant of good faith and fair dealing . . . . Consequently, not even the reservation of absolute discretion can clear the way for a totally arbitrary and unprincipled exercise of a contracting party's power." Okmyansky v. Herbalife Int'l of Am., Inc., 415 F.3d 154, 158 n.3 (1st Cir. 2005).
Chip Kirwan 401-359-1166 csk@KirwanLaw.net
1-877 WAGE LAW >> "I wage law for YOU!"
ALL COMMUNICATIONS STRICTLY CONFIDENTIAL
posted Jun 16, 2019 4:04 PM [EST]
"Ceding discretion in a contract is not tantamount to subjecting oneself to legalized tyranny. Every contract contains an implied covenant of good faith and fair dealing . . . . Consequently, not even the reservation of absolute discretion can clear the way for a totally arbitrary and unprincipled exercise of a contracting party's power." Okmyansky v. Herbalife Int'l of Am., Inc., 415 F.3d 154, 158 n.3 (1st Cir. 2005).
Chip Kirwan 401-359-1166 csk@KirwanLaw.net
1-877 WAGE LAW >> "I wage law for YOU!"
ALL COMMUNICATIONS STRICTLY CONFIDENTIAL
posted Jun 16, 2019 4:04 PM [EST]
Answer to Is refusal to pay salary of minority shareholder a violation of wage and hour laws?
The RI miniumum wage staute does not exempt professionals from coverage.For $10.50 per hour, maybe let the overall inequity of 100% non-payment mount, rather than demand a $450 weekly pittance.
The RI Wage Act provides for triple damages and attorneys fees.
Call and we can strategize...
A majority shareholder owes a fiduciary duty to minority shareholders. We'd have to research that a bit to determine that principle's precise application to you.
See http://www.shareholderoppression.com/rhode-island-shareholder-law
Is there a controlling "contract" "agreement" or other pertinent writing on which you reasonably relied that defines periodic/weekly compensation?
Chip Kirwan 401-359-1166 or 1-877 WAGE LAW "I wage law for YOU."
csk@KirwanLaw.net
ALL COMMUNICATIONS STRICTLY CONFIDENTIAL
posted Jun 16, 2019 2:40 PM [EST]
CTITLE 28 Labor and Labor Relations CHAPTER 28-14 Payment of Wages
SECTION § 28-14-4. Payment on separation by employer.
(a) Whenever an employee separates or is separated from the payroll of an employer, the unpaid wages or compensation of the employee shall become due on the next regular payday and payable at the usual place of payment.
(b) Whenever an employee separates or is separated from the payroll of an employer after completing at least one year of service, any vacation pay accrued or awarded by collective bargaining, written or verbal company policy, or any other written or verbal agreement between employer and employee shall become wages and payable in full or on a prorated basis with all other due wages on the next regular payday for the employee.
Vaca is part of “compensation” package. All other years if carried are payable in full, this last “year” on a pro rata basis . Chip Kirwan 401-359-1166 or 1-877 WAGE LAW
csk@KirwanLaw.net
posted Jun 16, 2019 2:16 PM [EST]
SECTION § 28-14-4. Payment on separation by employer.
(a) Whenever an employee separates or is separated from the payroll of an employer, the unpaid wages or compensation of the employee shall become due on the next regular payday and payable at the usual place of payment.
(b) Whenever an employee separates or is separated from the payroll of an employer after completing at least one year of service, any vacation pay accrued or awarded by collective bargaining, written or verbal company policy, or any other written or verbal agreement between employer and employee shall become wages and payable in full or on a prorated basis with all other due wages on the next regular payday for the employee.
Vaca is part of “compensation” package. All other years if carried are payable in full, this last “year” on a pro rata basis . Chip Kirwan 401-359-1166 or 1-877 WAGE LAW
csk@KirwanLaw.net
posted Jun 16, 2019 2:16 PM [EST]
CTITLE 28 Labor and Labor Relations CHAPTER 28-14 Payment of Wages
SECTION § 28-14-4. Payment on separation by employer.
(a) Whenever an employee separates or is separated from the payroll of an employer, the unpaid wages or compensation of the employee shall become due on the next regular payday and payable at the usual place of payment.
(b) Whenever an employee separates or is separated from the payroll of an employer after completing at least one year of service, any vacation pay accrued or awarded by collective bargaining, written or verbal company policy, or any other written or verbal agreement between employer and employee shall become wages and payable in full or on a prorated basis with all other due wages on the next regular payday for the employee.
Vaca is part of “compensation” package. All other years if carried are payable in full, this last “year” on a pro rata basis . Chip Kirwan 401-359-1166 or 1-877 WAGE LAW
csk@KirwanLaw.net
posted Jun 16, 2019 2:14 PM [EST]
SECTION § 28-14-4. Payment on separation by employer.
(a) Whenever an employee separates or is separated from the payroll of an employer, the unpaid wages or compensation of the employee shall become due on the next regular payday and payable at the usual place of payment.
(b) Whenever an employee separates or is separated from the payroll of an employer after completing at least one year of service, any vacation pay accrued or awarded by collective bargaining, written or verbal company policy, or any other written or verbal agreement between employer and employee shall become wages and payable in full or on a prorated basis with all other due wages on the next regular payday for the employee.
Vaca is part of “compensation” package. All other years if carried are payable in full, this last “year” on a pro rata basis . Chip Kirwan 401-359-1166 or 1-877 WAGE LAW
csk@KirwanLaw.net
posted Jun 16, 2019 2:14 PM [EST]
Short answer - I bet they pay you. Probably 3 hours. You know best . What do they usually do Here/s the hospital nurse OT statute
.http://webserver.rilin.state.ri.us/Statutes/TITLE23/23-17.20/23-17.20-3.HTM
Got a better job lined up? Ask questions, Don't pick a fight
If it turns out to be a payroll cheat, You have 3 years to get wage owed tripled; plus attoeneys fees and interest. Call and we can work out a practical approach
I "WAGE LAW" for workers. But never complain, never be heard at all unless building a positive work environment. I will not represent some workers in some fields - they are just too wooden to grumpy too inflexible. Nurses are the best - problem-solvers for patients - heroic problem solvers for patients. Why do nurses get fired or merely pul their hair out, lose sleep or enjoy work less than the wonderful interaction with (most or many) patients ? Cranky or anger management flunkouts - nurses who pick fights and Nazi supervisors and administrators who convince themselve they are geniuses and things go better when a succession of employees are targeted for discipline and/or termination constantly - like they need a monthly turnover quota or the building will cease operating. Hospitals are hot spots with flare ups. But even in mellow workplaces - noboby likes a complainer - if a worker had and present an extremely important complaint - "My name is Jhane. I tested the water we drink. Here are the test results. The lead content level is dangerous." Every will thank Jhane. Every one will say - "I wonder how many weeks before management finds an excuse to fire Jhane?"
So ask questions in private, ask respectfully. Your question is probably an interruption or every one else has been asking the same question and that person is frustrated that come in a got a shot activity, Ask in a way that makes them feel like a kind, entertaining expert.
Dont tell me I am a jerk because I cant read your mind, or stop reading 1 of 16 emails before I decide what I have to do first. Tell me I am a kind, generous genius that "works so hard." I am curious. You always provide betters explanations than anyone else. You might know. How should we manage these requests to come in for insulin shots - then listen - do not interrupt - thank them the ask your follow up question
OK - PLAY THE ODDS DONT COMPLAIN AT WORK OR AT HOME
Say 3 calls a day (or 8) from new callers asking employment dispute questions. Say only 5 days a week Say only 48 weeks a year I answer the phone in 30 years 3x5x48x 30 = 21,600 employment triage calls
10% involve outrageous employer behavior
45% - 70% Boss v. Employee v Boss - not patient and positive
20% illegal treatment with 5% of that total 20% or 25% of the illegal treatment cases are worthwhile taking fi
R.I.G.L. § 23-17.20-3 "Overtime requirement" This RI General Law puts some limits on what overtime that a "health care facility" meaning any private, public or state hospital can - NORMALLY - require a hospital nurse to work overtime
http://webserver.rilin.state.ri.us/Statutes/TITLE23/23-17.20/23-17.20-3.HTM
R.I.G.L. § 28-12-3.2. Wages for failure to furnish shift work An employer who requests or permits any employee to report for duty at the beginning of a work shift and does not furnish at least three (3) hours work on that shift, shall pay the employee not less than three (3) times the regular hourly rate. In the event that an employee reports for duty at the beginning of a work shift and the employer offers no work for him or her to perform, the employer shall pay the employee not less than three (3) times the regular hourly rate.
posted May 26, 2017 10:22 PM [EST]
.http://webserver.rilin.state.ri.us/Statutes/TITLE23/23-17.20/23-17.20-3.HTM
Got a better job lined up? Ask questions, Don't pick a fight
If it turns out to be a payroll cheat, You have 3 years to get wage owed tripled; plus attoeneys fees and interest. Call and we can work out a practical approach
I "WAGE LAW" for workers. But never complain, never be heard at all unless building a positive work environment. I will not represent some workers in some fields - they are just too wooden to grumpy too inflexible. Nurses are the best - problem-solvers for patients - heroic problem solvers for patients. Why do nurses get fired or merely pul their hair out, lose sleep or enjoy work less than the wonderful interaction with (most or many) patients ? Cranky or anger management flunkouts - nurses who pick fights and Nazi supervisors and administrators who convince themselve they are geniuses and things go better when a succession of employees are targeted for discipline and/or termination constantly - like they need a monthly turnover quota or the building will cease operating. Hospitals are hot spots with flare ups. But even in mellow workplaces - noboby likes a complainer - if a worker had and present an extremely important complaint - "My name is Jhane. I tested the water we drink. Here are the test results. The lead content level is dangerous." Every will thank Jhane. Every one will say - "I wonder how many weeks before management finds an excuse to fire Jhane?"
So ask questions in private, ask respectfully. Your question is probably an interruption or every one else has been asking the same question and that person is frustrated that come in a got a shot activity, Ask in a way that makes them feel like a kind, entertaining expert.
Dont tell me I am a jerk because I cant read your mind, or stop reading 1 of 16 emails before I decide what I have to do first. Tell me I am a kind, generous genius that "works so hard." I am curious. You always provide betters explanations than anyone else. You might know. How should we manage these requests to come in for insulin shots - then listen - do not interrupt - thank them the ask your follow up question
OK - PLAY THE ODDS DONT COMPLAIN AT WORK OR AT HOME
Say 3 calls a day (or 8) from new callers asking employment dispute questions. Say only 5 days a week Say only 48 weeks a year I answer the phone in 30 years 3x5x48x 30 = 21,600 employment triage calls
10% involve outrageous employer behavior
45% - 70% Boss v. Employee v Boss - not patient and positive
20% illegal treatment with 5% of that total 20% or 25% of the illegal treatment cases are worthwhile taking fi
R.I.G.L. § 23-17.20-3 "Overtime requirement" This RI General Law puts some limits on what overtime that a "health care facility" meaning any private, public or state hospital can - NORMALLY - require a hospital nurse to work overtime
http://webserver.rilin.state.ri.us/Statutes/TITLE23/23-17.20/23-17.20-3.HTM
R.I.G.L. § 28-12-3.2. Wages for failure to furnish shift work An employer who requests or permits any employee to report for duty at the beginning of a work shift and does not furnish at least three (3) hours work on that shift, shall pay the employee not less than three (3) times the regular hourly rate. In the event that an employee reports for duty at the beginning of a work shift and the employer offers no work for him or her to perform, the employer shall pay the employee not less than three (3) times the regular hourly rate.
posted May 26, 2017 10:22 PM [EST]
Answer to Can I strike and deposit , on the hand written on the back of my salary paycheck.
Practicing law for more than thirty years, in a variety of situations involving clients and my own personal dealings, banks have refused to cash checks when any conditional language is placed on the check by the person cashing the check and in other situations banks have refused to cash a check when the person cashing the check crossed out a restriction or condition appearing on the check. Charles Kirwan cs@Kirwanlaw.net 1-877-WAGE LAW. I wage law for you.If pressed for cash, send the employer an email and let 2- business days 10:00 a.m. to 10 a.m. or for a positive answer: Hello: I received my last paycheck dated X-X-16. I disagree with your notation on the check in the gross amount of $xxx.xx that is the money [or "that is only part of the full $xxx.xx that you owe me] per our standing pay arrangements that I earned in full without any hold back or any take away that I did not provide a signed authorization that you could hold back or take away. Full earned pay is due each and every payday even the last payday. There is no basis for the notation or anything like it. I called the US Department of Labor and was informed no deduction or withholding of my pay was permissible even if I owed it - which you know I do not owe - unless I signed an authorization which you never asked me for because you know I do not owe it.
I earned total final pay in the amount of $aaa.aa. May I please come in and trade the check with the notation for the check you owe me, $aaa.aa minus standard tax and health insurance co-pay. I am strapped for money. If you refuse to trade a proper final check for my full pay swapped out for the underpayment check with the false and impermissible notation, then 48 hours from now on Thursday, 2-24-16, I will file formal complaints with the US Department of Labor and State Labor Board naming you and the company as refusing to release my full pay and reporting that I am depositing the illegal check as-Is. This email and my formal state and federal complaints will be my only reservation of my rights to full pay and double damages for late payment of any late paid amount. I am advised by many people that if I cross out the illegal notation or make my own notation on the check most banks will refuse to cash it or may cash it and then have it rejected by another bank and charge my account for reversing the payment like a bounced check fee. If you refuse to deliver anything other than prompt full payment then the government agency promising the fastest action will process my complaint. If no check swap, then please direct deposit the rest of the final amount owed. In this email I reserve all rights to make all of my claims against each payroll decision-maker and the company for all damages and additional retaliation I incur unless you all provide prompt full payment. Each check will prove what was paid and what violations have occurred. Please pay me in full immediately. I will not sign away any rights but I will follow any directions about swapping or destroying the check. I can come into the office or the company attorney's office or I can rip up the check and send you a cell phone picture - before and after.
Please cooperate. Note I have not revoked my direct deposit authorization so the company can pay me immediately with no further delay, tricks or retaliation.
IF OWE SOMETHING I will pay you back $25.00 a week starting [? 3 weeks down the road], if I receive my full pay now.
The Department of Labor and State Labor Board said you cannot retaliate or punish me for demanding full pay without condition or withholding the extra you claim. You stated you were letting me go due to company budget problems so if you contest my right to unemployment for misconduct or some other false reason or if you give me a bad reference that would be illegal retaliation for my earlier verbal wage payment complaints and this emailed complaint.
1. Please get me paid the full $aaa.aa you owe me minus normal state and federal tax deductions.
2. So I can pay my bills, stop my stress and lost sleep about this, and protect my credit rating, please provide a near immediate email explanation regard what you and what the Company intend to do about this delayed final payment, illegal withholding, retaliation and harassment.
Thank you if you take prompt correction action to make up for the delayed underpayment and thank you if you promptly email me how you are going to correct the violations and retaliation that I have already suffered... VTY, my name email address retyped here and
posted Feb 13, 2016 9:12 PM [EST]
Greetings:
I know of no state (and in particular there is no RI law) or federal law permitting the deduction of negative PTO or any sum claimed or due the employer, unless the employee provided the employer a specific written authorization to make deductions for that purpose from their future paychecks.
I would be glad to consult without charging any fee. Once we confer and you provide me all the specifics needed to be in a position to comment, I will gladly spell out your options regarding what I will provide you as a summary of your available practical options.
TIMING [and sequencing your assertion of your legal rights] IS EVERYTHING! Even if the employer handed you a sworn statement that they owed you a full year's pay, never sue or complain right away: 1) Determine the applicable statute of limitations for each claim - assume you have no less than 90 days from when you first learned about the adverse action or harm and worry about longer deadlines later; 2) be polite and non-confrontational with the employer and HR - ask fact gathering questions - gradually, as needed : can I get a letter of recommendation, how do I extend my family's health care coverage, what will the company say to unemployment and to prospective employers that interview me; 3) prepare your resume, investigate replacement jobs and undertake a thorough job search without delay - and KEEP A JOB SEARCH RECORD - for both unemployment and to prove damages; 4) figure out how to apply on-line for unemployment; 5) do not talk about your claims against your former employer with anyone still employed by or associated with the company and really limit your discussion to "family" and attorneys you interview; 6) if the company hears that you lawyered up, then the company uses its attorney who has to play cowboy - HR and Company owners make more mistakes than even the dumbest attorney, I get you educated to legal issues, you explain the key facts to me and you and I write a letter that lays the law in between the lines, reveals no attorney involvement, politely asks for what you really need and invoking the law without saying so explains why your request is fair, reasonably and factually well reasoned; 7) decide on the best overall plan - which whenever possible mandates that you find your next job before going on the attack against your former employer. Many employers discriminate against potential new employees bases on age, race, national origin, perceived disability, gender, etc. but ALL EMPLOYERS DISCRIMINATE AGAINST APPLICANTS WHO SUE OR MERELY GRIPE ABOUT A FORMER EMPLOYER - GET YOUR NEXT JOB BEFORE YOU COMPLAIN WHENEVER POSSIBLE. Often you may need to fight it out at unemployment fairly quickly - so the timetable for the necessary unemployment dispute may tie your hands. NEVER TRUST HR. HR only cuts a deal with you if a manager tells HR to do so. Good luck. Chip Kirwan 1-877-WAGE LAW
posted Feb 13, 2016 3:20 PM [EST]
I know of no state (and in particular there is no RI law) or federal law permitting the deduction of negative PTO or any sum claimed or due the employer, unless the employee provided the employer a specific written authorization to make deductions for that purpose from their future paychecks.
I would be glad to consult without charging any fee. Once we confer and you provide me all the specifics needed to be in a position to comment, I will gladly spell out your options regarding what I will provide you as a summary of your available practical options.
TIMING [and sequencing your assertion of your legal rights] IS EVERYTHING! Even if the employer handed you a sworn statement that they owed you a full year's pay, never sue or complain right away: 1) Determine the applicable statute of limitations for each claim - assume you have no less than 90 days from when you first learned about the adverse action or harm and worry about longer deadlines later; 2) be polite and non-confrontational with the employer and HR - ask fact gathering questions - gradually, as needed : can I get a letter of recommendation, how do I extend my family's health care coverage, what will the company say to unemployment and to prospective employers that interview me; 3) prepare your resume, investigate replacement jobs and undertake a thorough job search without delay - and KEEP A JOB SEARCH RECORD - for both unemployment and to prove damages; 4) figure out how to apply on-line for unemployment; 5) do not talk about your claims against your former employer with anyone still employed by or associated with the company and really limit your discussion to "family" and attorneys you interview; 6) if the company hears that you lawyered up, then the company uses its attorney who has to play cowboy - HR and Company owners make more mistakes than even the dumbest attorney, I get you educated to legal issues, you explain the key facts to me and you and I write a letter that lays the law in between the lines, reveals no attorney involvement, politely asks for what you really need and invoking the law without saying so explains why your request is fair, reasonably and factually well reasoned; 7) decide on the best overall plan - which whenever possible mandates that you find your next job before going on the attack against your former employer. Many employers discriminate against potential new employees bases on age, race, national origin, perceived disability, gender, etc. but ALL EMPLOYERS DISCRIMINATE AGAINST APPLICANTS WHO SUE OR MERELY GRIPE ABOUT A FORMER EMPLOYER - GET YOUR NEXT JOB BEFORE YOU COMPLAIN WHENEVER POSSIBLE. Often you may need to fight it out at unemployment fairly quickly - so the timetable for the necessary unemployment dispute may tie your hands. NEVER TRUST HR. HR only cuts a deal with you if a manager tells HR to do so. Good luck. Chip Kirwan 1-877-WAGE LAW
posted Feb 13, 2016 3:20 PM [EST]
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