# Needing Help



## Nlatham81 (Feb 18, 2016)

Help please.


Me and my coworker where plowing duing the first big snow this year. We started Friday afternoon and clocked out after 6pm Saturday. The issue is early Saturday one of our trucks went down, and in route to get tools from our shop our other truck got stuck. That was from around 3am till almost noon Saturday. Then we where stuck at the shop until finally securing a ride after 6pm. Employer initially was refusing to pay anything after 6am, but was told he would adjust until we arrived at the shop. Does he have to pay us for being snowed in at the shop during the storm.


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## dieselss (Jan 3, 2008)

Was your truck(s) making any money is said time in question?


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## Nlatham81 (Feb 18, 2016)

dieselss;2120237 said:


> Was your truck(s) making any money is said time in question?


Work trucks, not personal. Truck was in route to get tools to fix other work truck that went down. The truck that we where in the 4x4 wasn't functional. The truck that went down wasn't wired properly. Stuck on side of road for 8 hours then at our shop for another 7 hours. Finally got a ride from an employee of another company to get to coworkers families house. Owner had no ideas or suggestions of how or when to get us out. We also where not informed of not being paid until we we got paid.


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## dieselss (Jan 3, 2008)

So again were the trucks pushing snow making money?


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## Nlatham81 (Feb 18, 2016)

dieselss;2120258 said:


> So again were the trucks pushing snow making money?


No, not pushing, or making money.


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## 1olddogtwo (Aug 6, 2007)

Explain you employment status?

Full time, part time, sub contractor, 

Details man, we are not dentist


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## Nlatham81 (Feb 18, 2016)

1olddogtwo;2120269 said:


> Explain you employment status?
> 
> Full time, part time, sub contractor,
> 
> Details man, we are not dentist


Full time, when hours are available.


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## JMHConstruction (Aug 22, 2011)

If I'm understanding that correctly, you should be paid for as long as you are at work. I am also not a lawyer and probably no one on here is, so keep that in mind also.


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## dieselss (Jan 3, 2008)

Nlatham81;2120264 said:


> No, not pushing, or making money.


So if his trucks aren't making money, why should you?


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## Longae29 (Feb 15, 2008)

This is off topic of the op, but you should have been paid until you got back to the shop, if you were released from work at that time but "couldn't secure a ride" that sounds like your problem not his.


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## 1olddogtwo (Aug 6, 2007)

Risk of ownership.


If I owned a McDonald's and no one came in during a Blizzard, I would still have to pay my employees, wouldn't I?


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## Nlatham81 (Feb 18, 2016)

JMHConstruction;2120279 said:


> If I'm understanding that correctly, you should be paid for as long as you are at work. I am also not a lawyer and probably no one on here is, so keep that in mind also.


Will do. I have someone else looking into it from a more legal perspective. I do appreciate any advice.


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## dieselss (Jan 3, 2008)

1olddogtwo;2120294 said:


> Risk of ownership.
> 
> If I owned a McDonald's and no one came in during a Blizzard, I would still have to pay my employees, wouldn't I?


Would your employees just be standing around? Or would they be swimming in the sink?


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## Longae29 (Feb 15, 2008)

1olddogtwo;2120294 said:


> Risk of ownership.
> 
> If I owned a McDonald's and no one came in during a Blizzard, I would still have to pay my employees, wouldn't I?


Edit. I read this wrong.


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## SnoFarmer (Oct 15, 2004)

1olddogtwo;2120294 said:


> Risk of ownership.
> 
> If I owned a McDonald's and no one came in during a Blizzard, I would still have to pay my employees, wouldn't I?


No,

At 6pm the manager, 
Becuse of the blizzard, tells some of the employes they can go home. Having no way home they stay at work.

Do they still get paid for hanging out?


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## SnoFarmer (Oct 15, 2004)

dieselss;2120306 said:


> Would your employees just be standing around? Or would they be swimming in the sink?


Or Fornicating in the ball pit.


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## 1olddogtwo (Aug 6, 2007)

SnoFarmer;2120385 said:


> No,
> 
> At 6pm the manager,
> Becuse of the blizzard, tells some of the employes they can go home. Having no way home they stay at work.
> ...


Agreed, once released, no more free fries for them!


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## jonniesmooth (Dec 5, 2008)

*I agree*



Longae29;2120292 said:


> This is off topic of the op, but you should have been paid until you got back to the shop, if you were released from work at that time but "couldn't secure a ride" that sounds like your problem not his.


Who is in charge? Trucks broke, what do you do? Call the boss. What does he say to do? Go get other truck? How? If you were doing something productive to the company and were told to do it, you should be paid. If you decided to clean the shop because you couldn't get home, no you shouldn't be paid for that.


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## ktfbgb (Jan 31, 2016)

Longae29;2120292 said:


> This is off topic of the op, but you should have been paid until you got back to the shop, if you were released from work at that time but "couldn't secure a ride" that sounds like your problem not his.


X2


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## Longae29 (Feb 15, 2008)

Nlatham81;2120218 said:


> Help please.
> 
> Me and my coworker where plowing duing the first big snow this year. We started Friday afternoon and clocked out after 6pm Saturday. The issue is early Saturday one of our trucks went down, and in route to get tools from our shop our other truck got stuck. That was from around 3am till almost noon Saturday. Then we where stuck at the shop until finally securing a ride after 6pm. Employer initially was refusing to pay anything after 6am, but was told he would adjust until we arrived at the shop. Does he have to pay us for being snowed in at the shop during the storm.


Paid when you're stuck in a truck, not paid when you cant figure out how to get yourself home from the shop. But that's my take.



jonniesmooth;2120469 said:


> Who is in charge? Trucks broke, what do you do? Call the boss. What does he say to do? Go get other truck? How? If you were doing something productive to the company and were told to do it, you should be paid. yes, and they should be paid for that time, I didn't say they shouldn't be, but they cant just "decide" to clean the shop because they cant figure out to how to get home. If a guy gets back after a shift and "decides" to take a nap in the office is that paid also? Seems like they couldn't figure out how to get home  that doesn't sound like the owners problem. truck stuck, absolutely, hanging out at the shop, no way. If you decided to clean the shop because you couldn't get home, no you shouldn't be paid for that.


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## Mr.Markus (Jan 7, 2010)

I'm not taking sides till i hear both sides.

If you are responsible enough to drive a plow truck, you should be able to get yourself unstuck be it through manually digging and pushing or calling a tow truck. I worked for years for a guy that was a fantastic salesman, but when it came to simple problem solving and decisions that needed to be made he fell short.
The deductions from your payroll/ hrs are probably indicative of a larger problem staying afloat in a very competitive business.


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## FredG (Oct 15, 2012)

Nlatham81;2120218 said:


> Help please.
> 
> Me and my coworker where plowing duing the first big snow this year. We started Friday afternoon and clocked out after 6pm Saturday. The issue is early Saturday one of our trucks went down, and in route to get tools from our shop our other truck got stuck. That was from around 3am till almost noon Saturday. Then we where stuck at the shop until finally securing a ride after 6pm. Employer initially was refusing to pay anything after 6am, but was told he would adjust until we arrived at the shop. Does he have to pay us for being snowed in at the shop during the storm.


Why did you and your coworker not have a vehicle at shop? Without that said this is minor and you maybe at fault.


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## jonniesmooth (Dec 5, 2008)

Longae29;2120561 said:


> Paid when you're stuck in a truck, not paid when you cant figure out how to get yourself home from the shop. But that's my take.


if you check the heading on my post, it says "I agree" with you. Then I added another paragraph to clarify what I thought about their situation. Namely that they had to be instructed to do something by the guy who pays the bills in order to get paid.


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## Randall Ave (Oct 29, 2014)

Very simple, you get paid from when you clock in, till you clock out, or the boss says your done for the day. You have to be paid till u get back to the shop. But if you have no way to get home that's your problem, not the boss's. And ya broke the first truck, got the second one stuck, with two guys in the truck?


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## scottL (Dec 7, 2002)

IF you are on salary - you get paid. You can't perform while on salary then it's based on policy which might mean you have to use sick time or vaca time.

IF your a sub - then once you concluded you could not perform you do not get paid.

IF your an hourly employee - your no different than a sub. ( I am sure you have not told us everything )

All this based on any previous agreements you have made, in writing.

In reading your post and the follow ups I would say you where probably sand bagging, hiding out and avoiding work. You described 15 hours if sitting on your hands. I have had major truck repairs in a fraction of the time and the truck up plowing again - during a storm.

You are making it look like you are looking for a hand out, freebie.


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## bmwe0692 (Jul 31, 2005)

Do you have your own or company issued cell phone??? When truck 1 broke, who made decision to get truck 2. 
Did you call boss? Did you tell him truck 1 broke and did he say go, get and use truck 2? 
Was truck 2 out working or at shop? If at shop, how did you get there?
If the BOSS said to go to the shop and wait, THEN you would get paid ! 
IF 
IF 
IF 

IF you had a cell phone why not call friends to get ride to home! Shop did not even have a phone or fax machine? 2 people should have enough friends that somebody would help you out.
You can't get paid for sitting on a chair doing NOTHING! ! ! ! ! ! ! ! !

T.J.


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