Re: unknown company policy

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On 11/27/06, Terry wrote:
> On 11/27/06, Mary Ann wrote:
>> My employer has a division outside of the accounting contract
>> section that has full time permanent employees on call and
>> ready to take assignments.
>>
>> I receive full benefits, medical insurance, vacation/sick
>> accrual, etc. So, I am not a contract worker. And I was
> given
>> an employee manual upon being hired as a full time employee.
>>
>> When one assignment ends, I am usually paid my full regular
>> salary until another assignment is found to remain fully
>> employed and ready to take on another assignment at a moments
>> notice.
>>
>> Thanks for your comments, but they don't really apply to my
>> situation.
>>
>> Absent a bonafide employment contract to the contrary, your
> employer is free to suspend your salary if you turn down an
> assignment and aren't working. It doesn't matter if they have a
> written policy about that or not.
>>
>>
>>
>>
>> On 11/26/06, sharwinston wrote:
>>> It appears you're an independent contractor -- not an
>>> employee. So, why are you reading the employee manual? It
>>> doesn't apply to you.
>>>
>>> Read your contract that you signed. If the other side has
>>> breached the contract, your remedy or remedies should be
>>> spelled out in the contract. If not, then your remedy is to
>>> sue for breach of contract.
>>>
>>> On 11/26/06, Mary Ann wrote:
>>>> I am a permanent contract worker at an accounting placement
>>>> service.
>>>>
>>>> I recently turned down an assignment to work at a company
>>>> that I had worked at before and didn't like working there.
>>>> My superivsor knew before contacting me that I would not
>>>> want to work at the company again. In the conversation
>>>> about this assignment, I was told that if I didn't accept
>>>> the assignment, that I would go unpaid until another
>>>> assignment was found. I normally am paid my regular salary
>>>> between assignments. I was told that this was company
>>>> policy. I searched through the employee manual and found
>>>> no such written company policy in the employee manual.
>>>>
>>>> Is it legal for a company to have a non written company
>>>> policy that effects the compensation that an employee
>>>> receives and has not informed the employee about until just
>>>> moments before the employee has to make a decision about a
>>>> new assignment?
>>>>
>>>> I am protesting this non-payment, but would like some
>>>> knowledge on whether or not companies can have non written
>>>> policies that are unknown by employees. I live in Texas.

There appears to be a question as to whether or not you are an
employee or an IC. Your internal classification is not always
correct.

If you are an "employee" your employer may not suspend your wages
for hours worked as some form of punishment. If I recall your
post correctly you suspect that you are not being promptly paid
because you turned down work. On the other hand, if you are an IC
the contract spells out your payment arangement. If you believe
they breached that agreement you need to determine if it is a
proper business decision on your part to file a civil action.
Best of luck to you.