- 15 - relationship with New Dimensions as a good business relationship, and he did not mention any changes in his status. On this record, we find it difficult to believe that petitioner was completely unaware of the changes in the terms of his status. Not only were the petitioner’s paychecks issued without pay stubs showing the withholding of taxes, but the paychecks reflect the loss of sick leave benefits during the disputed pay period. In particular, his paycheck dated November 26, 1999, for $600 contained the following notation: “payment - did not come in full week”. Since there is no evidence that petitioner exceeded his allocated sick leave or paid vacation period, we believe that petitioner did lose certain employee benefits during the disputed pay period. Petitioner must have been fully aware of this change; workers generally do not ignore changes in benefits. Instead of receiving payroll checks with businesslike withholding stubs from a payroll service, petitioner started receiving handwritten checks. Some of them were dishonored by New Dimensions’s bank, and then petitioner received makeup checks in amounts sufficient to cover the penalties. One check was marked: “pay + $78 Late Fee”. Another check was for $200 payable to “Cash” and marked on its face: “Steve, towards pay - 10/22". Others covered compensation for petitioner as well as utility bills and bank payments. There is no possibility that petitioner was unaware of problems at NewPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011