Seasonal Employment Issues

This is a discussion on Seasonal Employment Issues within the Salary & Workers Compensation forum, part of the LABOR & EMPLOYMENT LAW category; was recently employed at a new business in Hohenwald, TN, called "The Torture Factory". Basically a PG-13/R-rated haunted house. I ...

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Old Nov 2nd, 2009, 09:48 PM   #1
AEStos
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Default Seasonal Employment Issues

was recently employed at a new business in Hohenwald, TN, called "The Torture Factory". Basically a PG-13/R-rated haunted house. I started working there October 9. I had been informed by someone else working there that they were short on workers, so I showed up, I was contracted in, and since then, I have worked on the days of the 9th, 10th, 16th, 17th, 23rd, 24th, 29th, 30th, and 31st of October. I did as I was instructed, and performed my duties adequately, according to my employer. I was told by the staff member who had me sign a contract that I was going to be paid $25 per night, working from hours 6:00 pm-11:00 pm, 6-12 pm on the 30th and 31st. Every other employee there that I had conversed with about this, including the one who recruited me, was under this impression, as well. But on the closing night, when I asked for verification on this, I was informed first by a staff member (whether or not it was the same one, I can not recall), and then my employer that I was to be paid $20 for each night except for the 30th and 31st, for which I would be paid $25 each. I informed him of what I had been told, and the staff member referred me to the employee handbook, which made a minute reference to this. Here is an excerpt from the employee handbook(which is quite large):

Let's say it was a good night and we did 1,000 people. Well your busy little brains will get to thinking..."Let's see, 1,000 people at $10.00 per person...THAT'S $10,000...and I'm only getting paid 20-25 a night!!!"

After I expressed my concerns and slight disdain, he told me that at the beginning of the haunted house, which had started at the end of September, there had been a meeting with the employees then, and basically said that it was my fault for not having been there, and that it wasn't his responsibility for my ignorance, nor had it been his responsibility to discuss this, since I came in a couple weeks later, despite the fact that I had been informed by a staff member, and made off-hand comments about this(in a grateful and enthusiastic manner). Now, I also tried to tell him that I wanted to do my own taxes through a 1099 form, since I had work earlier in the year from which I had accumulated a large amount of deductions, but he remained adamant, and I completed the W4 form he provided.

As I was leaving, I wrote down a few notes on my grievances and what happened, since it was sometime well past 1:00 am at this point. He must have seen me, and as I was entering my vehicle, he called for me and began lecturing me on what happened. He made it clear that he didn't want me back(which I had no intentions of to begin with), and that what he was doing wasn't illegal, and about my note taking. He was, in my opinion, acting intimidating and slightly threatening, but one must also take note both individuals lack of sleep, so, being honest with myself, I won't dig too much into this. "Tennessee doesn't have any labor laws, and there isn't any minimum wage for seasonal work on the federal laws." I can not recall exactly what he said, but I know that the first part is word for word. He then said that I had been payed, and asked if I agreed. Being the time it was, and not wanting any more of a confrontation, I said, "Yes, I know that I've been payed."

Another fact is that the closing time on October 31st was supposed to be 12:00 am( or technically, on November 1st), but the haunted house remained open until 12:45, and we weren't let go until about 1:15 am.

I just want to know if there's anything I can or should do.
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Old Nov 3rd, 2009, 02:09 PM   #2
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Default Re: Seasonal Employment Issues

It does not really matter what they made or did not make--if you agreed to the wage you normally get that wage.

You could of course quit at any time.

BTW it is hard to know what costs they may have
had as well.
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Old Nov 3rd, 2009, 02:11 PM   #3
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Default Re: Seasonal Employment Issues

But I would also suggest you can the state dept of labor
as to to any min. wage laws that could apply in your situation. There may be a few options to pursue there.
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