I have had two working interviews with a company and during the sitdown phase I was made aware of docking of wages policies that are illegal.

19 Comments

1. AnonymousJuly 22,2022 at 5:31PM UTC

   These sound like red flags for me. Though I do like the idea of helping them become compliant, but why aren't they already? And I would not want to get in the midst of this legally speaking if a current employee sues the company. As for you pursuing legal challenges that is up to you. Do you want to spend the time and money on this? You should get legal advice first for free and see if a lawyer would pursue. Or check with your states fair employment department.

2. Huong Nguyen-ValleJuly 22,2022 at 6:29PM UTC

   It is probably not good to pursue the job as you do not know if they will become legally compliant if you join even though they might promise. I am sure you can report anonymously. This is what is in CA: https://www.dir.ca.gov/dlse/howtoreportviolationtobofe.htm

3. AnonymousJuly 22,2022 at 6:38PM UTC

   You are investing too much energy in this. Make a decision based on your circumstance. If you need the job and made an offer, without another alternative take it until you can find a place less restrictive and punitive. If their mantra sickens you to the core where you think you might dread coming to work that much, dont take the job. Now that you know what you know either take it or leave it.

4. AnonymousJuly 22,2022 at 7:54PM UTC

   Totally agree on investing too much time in this! Decline the job offer and call it a day. Why on earth would the OP spend event a minute of time pursuing legal action against someone who is NOT the employer! I personally don't have that kind of time or money to invest in seeking legal representation. Re-channel this energy back into your job search.

5. AnonymousJuly 22,2022 at 6:47PM UTC

   Sure why not. If you have time on your hands and the energy to pursue a claim why not.

6. AnonymousJuly 22,2022 at 6:49PM UTC

   From experience this is an uphill battle.
   A company that bends the laws is aware they’re doing it and have gotten away with it for some time. One place I worked at wanted me and other employees to lift and transport equipment above the legal limit. They didn’t want to pay Fed Ex. I nearly broke my finger and another employee injured her shoulder. I said enough but others continued to comply. It was a fight almost every time and I brought up the legal limit numerous times. It was exhausting. Between that and a few other things they tried to slip by it nearly drove me mad.

   My point is this is an up hill battle and the red flags are flying all around you. You need to decide if it’s all worth it. It’s up to you but personally I’d run.

7. Joan Williams, Senior Talent Acquisition SpecialistJuly 22,2022 at 8:23PM UTC

   Why in the world would you consider working for a company that is so unethical, with illegal business practices and that screws their employees over on something so important as health insurance.

   If they're charging employees for health insurance they're not enrolled in, they're straight up stealing from their employees. Where are those premiums going?

   Do the right thing and report this company for all the violations you already know about asap. I'm sure there's plenty more you'd soon find out about if you went to work there.

8. JenniferJuly 23,2022 at 5:05AM UTC

   Looking at this rationally, there is no situation where a company charges employees for a health plan they are not enrolled in and is somehow unaware that is wrong. Maybe they think it's just wrong, but not illegal, but that doesn't mean they aren't deliberately doing something wrong. Same with the wage theft.

   If I come up to you every day and steal part of your lunch right out of your hands, I know it's wrong. You're going to keep bringing lunch because, you know, you need to eat.

   This company is a playground bully, except also breaking numerous laws. They aren't going to be "become compliant." That would imply that their non-compliance was some sort of oversight.

   Run far away from this place. Also, I assume you have all this in writing from your offer letter. Do all of those poor employees a favor and file an anonymous claim with your state's Department of Labor and let the DoL take it from there.

9. Lorna Rose, J.D., M.S.July 24,2022 at 2:08PM UTC

   I can count on both hands the number of situations where an employer of mine has blatantly engaged in illegal employment practices, including (and especially) wage theft. I personally have had to bring wage theft claims against 4 former employers in multiple states and I was awarded what I was owed every time. Half the time, these employers knew exactly what the law says and they basically scoffed at it. This absolutely does happen more often than you think.

10. JenniferJuly 24,2022 at 11:43PM UTC

    My point was that regardless of whether or not the company is aware that their actions are illegal, they are fully aware that their actions are wrong. Fundamentally, the legality of the crappy policies is immaterial to the decision about whether or not to accept a position there.

    Although I feel pretty confident that they know their policies are illegal, OP asked about whether she should accept a role with the company if these issues were resolved. My advice was definitely not, since, regardless of legality, the company policy shows how poorly they treat their employees. Being forced to change the policy to comply with the law doesn't mean that the company's opinions how workers deserve to be treated has changed.

11. Crystal HowellJuly 23,2022 at 12:13PM UTC

    Red Flag, Move on. Something better is out there for you, no one does that. Contact your local employment office.

12. AnonymousJuly 23,2022 at 12:47PM UTC

    Pursue legal challenges?

    Everyone always says they should go the legal route. Once you get into a legal claim you need to find a way for it not to cost you your sanity . Good luck.

13. AnonymousJuly 23,2022 at 7:20PM UTC

    Thank you, my thoughts exactly! I love FGB but litigation is NOT the answer here!

14. JenniferJuly 23,2022 at 11:43PM UTC

    I agree that attempting to pursue a legal case where OP is actively suing this company for not hiring her due to pointing out non-compliance would not be a good use of time, energy, or money.
    It's mostly likely that nothing would come of it.

    On the other hand, I do strongly believe that OP should submit an anonymous claim to her state's Department of Labor including the written documentation of the illegal policies. She can then just step away and let the DoL investigate and handle the situation.

    I'm not sure if you would include the latter under the legal umbrella. I wholeheartedly agree that litigation is almost never the answer in the context of FGB posts.

15. Sue Gordon- retired Career CoachJuly 23,2022 at 1:17PM UTC

    This sounds like a company to run from. Unless they want you to ensure they are compliant with the law, I would stay away. Hoping they start to follow the law is just that, hope. Not commitment. Sounds toxic.

16. AnonymousJuly 23,2022 at 10:59PM UTC

    It’s illegal.

    It should definitely be reported to the BBB most likely the unemployment office as well.
    I would consider writing records of everything down and seek legal consultation, if you are able. One would think if they are ok with these illegal business practices, it would also be wise to protect yourself as an employee.

17. AnonymousJuly 24,2022 at 2:33AM UTC

    The very fact that this company has not been successfully sued tells me that there is a lot more to the story.

18. AnonymousJuly 24,2022 at 2:08PM UTC

    I suggest moving on.

    Even if this company fixes some or all of its policies, it is likely to lapse on other regulatory requirements going forward.

19. Leader135412August 2,2022 at 1:15PM UTC

    Run.