What Legal Options Do You Have When You are Fired Wrongly?

Every year thousands of cases are filed against employers that unlawfully fire their employees for improper reasons. One of the trending reasons behind such incidents is retaliation after they raise voice for their unpaid and overtime wages. Hence, it is necessary for workers to understand that they are protected from terminations or other punishments after speaking up about their wages if they are shorted their lawful pay.

Getting fair pay is the right of every employee and under no circumstance, they should compromise with it. You are entitled to pay for every hour worked. Anything done for the benefit of the employer, such as security checks, folding napkins, booting up a computer is time that should be compensated. If you have any concerns, consulting a professional overtime attorney is highly suggested.

A professional can explain all the laws that protect you in these situations. You can book a free confidential consultation session to have your present situation evaluated. If they find out that your rights were compromised, and that you were wrongfully terminated, you may receive the following damage coverage.

Front Pay- It includes the coverage of lost future earnings and benefits caused by an illegal termination. The idea of the front pay is to visualize the situation where wrongful termination of the employee did not occur and compare it with the present situation. A front pay award will be allowed, if worker is found getting paid less compared to the payments before the wrongful termination.

Back Pay- It includes the calculation of what the employee has earned after the termination and what they would have earned up to the date of verdict, to calculate the damages. However, in some circumstances, the employer can reduce a back pay award, if employer successful proves that the accuser’s mitigation efforts were not good enough.

Emotional Suffering- This is a tricky issue. Most jurors are not sympathetic with emotional suffering in a commercial or business dispute. If there is some degree of sexual harassment in which an employer coerces an employee for sex as a condition for employment, otherwise known as quid pro quo sexual harassment, the employee may be entitled for this recovery. Employee can also receive a compensation for their emotional suffering. However, it is necessary to present evidence that shows a genuine connection between the emotional pain and unlawful act of the employer. It is understandable that sufferers do not always seek medical help for emotional disturbance, but still some credible evidence of the distress is mandatory.

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What Options do You Have When You aren’t Being Paid Fairly?

The law clearly states that every employee is entitled to receive pay for every hour worked. Still the number of complaints for overtime violations and pending wages is increasing day-by-day.  This is due to the bad economy.  Ironically, even in a good economy management still tries to maximize profit and mid-level to high level management receive bonuses at the expense of the workers by keeping labor costs to a minimum.

7 most common ways in which employers usually exploit their employee’s rights are-

1. Asking employees to work while they are “off the clock”

2. Asking them to work through their meal breaks

3. Not providing them a free uniterrupted meal breaks

4. Not paying overtime with one and half of their normal pay rate
 
5. Telling workers that work performed on pre-shift/post-shift hours is not compensable

6. Paying them less than minimum wages set by FLSA

Every employee needs to understand that under the Fair Labor Standards Act (FLSA), they must be paid at least minimum wage for normal work hours. Whereas for any work done after their weekly 40 hours’ work, they are entitled to overtime pay. Most of the times, it is calculated by multiplying regular pay rate by 1.5.

If you believe that your rights have been breached, you should seek assistance from a skilled overtime attorney. The overtime lawyer can offer you a free consultation to analyze your present situation and to find out whether you are entitled to file a lawsuit, or not. These wage and hour lawyers may also investigate the matter to determine if this should be filed as an overtime class action, individually, or in some instances not at all. 

They will suggest you to file a lawsuit against the employer after evaluating all the other options. They can protect your rights and help assist you in receiving all owed wages and sometimes it’s possible to receive double or even triples damages with attorney fees paid separately.

Receiving fair pay is the right of every employee and under no circumstance you should compromise on that.

It is strongly recommended to keep track of all your working hours and pay slips to have your situation evaluated properly. It will also support your claims in case you file a lawsuit. Keep policies and procedure manual of your workplace with you to help your attorney with more detailed information.

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How to Obtain Proper Pay from Your Employer?

Many times, employers cheat their employees on their proper pay just to cut corners and save some money. They take advantage of people holding onto their position in the bad economy and get more work done from employees by making them work extra hours and paying less or no extra money.

Some of the most common employer-employee wage and hour disputes are

• Paying less than the Federal or State minimum wage
• Taking a tip credit, but improperly sharing the tips with management
• Improper or illegal Deductions from wages
• Paying an improper day rate
• Not paying overtime
• Extending shifts without paying for the extra time
• Not paying for the work done after shift/pre-shift/during meal breaks.

If you too have fallen victim to any of the aforementioned conditions, you should immediately consult an overtime lawyer.

An experienced attorney may provide you with complete information about your labor rights and labor laws. Following are a few situations in which an accomplished employment lawyer can help you fight for your rights -

Wages – You have a right to be paid for all the hours you’ve worked. If an employer makes you work off the clock, or makes you conduct activities such as go to seminars for the benefit of the employer, the employer is generally liable to pay you for that time.

Overtime – If your employer refuses to pay for hours over 40, then the employer must have an exemption to the labor code which can be fairly complicated. In most cases at minimum if an employer wants to pay via a salary, the employee must be guaranteed $455 a week, but there are still other criteria an employer needs to satisfy. For example, did you know that a chef may properly be paid a salary, but a cook may not!  It’s those subtle distinctions why you should speak with an experienced lawyer who can educate you on your overtime rights.

Improper Deductions – If an employer mandates you use their tools and then deducts it from your pay you may be entitled to obtain that money back. Imagine showing up for a desk job and then an employer charging you to use the computer so you can work? There’s no end to the type of ruses employers use to deprive you of pay, but some deductions are appropriate and some aren’t.

If you are a victim of wage theft, then you should consult with an experienced employment and labor lawyer immediately. Many lawyers offer legal help without any upfront payment.

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FAQs For Unpaid Wages Lawsuit

What are unpaid wages?

The part of your pay that has been incorrectly withheld by employer is called unpaid wage. It can include commissions, vocational pay, overtime money, bonus or simply a paycheck which the company did not pay.

Who is entitled for overtime pay?

Apart from the job profiles that are exempted, all employees are entitled for overtime pay. In case of any ambiguities in this aspect, talk to an unpaid overtime attorney.

What if an employee agrees to work extra hours, but the employer doesn’t pay for it?

That would be illegal. Every company is required to maintain records of the number of hours worked by their employees and their corresponding pay. It is not the employees’ responsibility to maintain these records. If the management fails to maintain such records, lawsuit can be filed against the company.

How much money can an individual receive if he wins the overtime lawsuit?

If an employee has filed the petition, he stands a chance to get lot more than just his unpaid wage. He is potentially entitled to receive unpaid overtime salary that he should have been paid, the interest on that amount, and his lawyer’s fee. In few cases, individuals also receive additional amount that is called liquidated damage.

Liquidate damage doubles the unpaid wages amount. For instance, if your company owes your $10,000 worth of unpaid salary and if you end-up getting liquidate damage, your company will have to pay double the money which amounts to $20,000.

In most of the cases people are entitled to receive liquidated damages, except for the situations where employer is able to prove his acts were in good faith. 

How many years’ overtime can an individual claim for?

The FLSA says that an employee can claim last two years’ unpaid wages from the time of the filing the lawsuit. In few cases, this period can be extended to three years, if employer willfully failed to pay the money.

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Know Your Rights to Get Fair Wages!

Every citizen of the United States has some fundamental rights, which they must be aware of. One such fundament right says that all the workers must be compensated fairly for their labor. According to this right, not only do salaried individuals stand to receive their monthly income, they may also be entitled to receive payment for extra working hours.

It is of paramount importance that every worker knows what rights are to protect oneself from being exploited by an unscrupulous employer. Knowing the law and how it pertains to overtime is essential otherwise, dishonest employers will find it very easy to trick you and keep you deprived of your rightful money.

Laws regarding overtime were constituted in the 1930s in order to protect workers from greedy employers. The economy has come a long way since then, and with the evolution of the economy some employers have tried to fairly coincide with the laws, while other evolve to find ways to deprive employees of the money that this theirs and feast on it for their own gluttony and greed.

The rules regarding overtime in the US are simple. The Fair Labor Standards Act says that if someone works beyond forty hours a week, the worker must be paid overtime, unless they have a lawful exemption from overtime. If there is an exemption, the employer has the burden of justifying it and sometimes that is a very complicated road to hoe.

To calculate the overtime, an employer will have to first calculate a worker’s standard hourly wage. Beyond 40 hours, workers must be paid 1.5 times of that standard hourly wage rate. Let us understand this with an example. If you are an employee who makes twenty dollars an hour, then according to this fair wages rule, you must be paid thirty dollars for every single hour beyond standard working period, which is 40 hours. Sometimes, the worker is also paid things like night differential or other premiums which must be factored into the overtime calculus. If it’s not there’s a violation that’s actionable.

Some professionals are exempted from this privilege. The FLSA has put a few occupations under the exempted category (meaning people in those professions do not stand to receive overtime compensation). The FLSA puts people into this category whose job and work responsibilities are managerial or executive in nature. Oftentimes, though, they falsely use this so one must speak to a professional to understand whether you should be paid overtime. For example, if you’re an account manager, but no one reports to you, you are probably are not properly classified as exempt from overtime under the professional exemption.

Sometimes a job title can be quite vague, which creates a loophole for companies to take unethical advantage of it. Companies do that by making employees work for more than standard hours, by making their job profile look ambiguous and considering them as exempted employees, even when they are not. If you feel you are being victimized the same way, you can hire an unpaid overtime lawyer to claim the unpaid compensation that belongs to you.

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Exercise your employee rights to protect your overtime wages

There are many laws intact designed to protect your wages. Still some employers deliberately withhold pay and short their employees money and benefits which is a breach of labor laws. If you are doing a job that pays hourly wages then you are generally entitled to one-and-a-half times your regular pay rate, for working any hours over 40 hours in a work week. Even if you are salaried you may be entitled to overtime as well if the salaried exemption is not satisfied.

As a worker, you should also be aware if your meal break is uncompensated; you are supposed to be free from all your job responsibilities. If you are asked to perform work during your mandatory meal breaks, and you are not paid for the work it could be considered wage theft. If you believe that you are not getting paid correctly for your work, read the information given below:

• Your payroll department is responsible to maintain the track of your worked hours. Oftentimes they deliberately do not, or they keep time and short it. Keep all your paystubs and time records and any other record they give you.
• Read your employer handbook to get the clear picture of your rights and responsibilities. If permissible, make a copy of it.
• Always maintain records of your hours worked and other necessary documentation, as you may need them later on.

If you have tried everything you can, to get the overtime wages you deserved, then it’s time for you to contact an overtime law firm that can fight on your behalf.

You have a right to collect overtime pay and with the help of a law firm, you may be paid all the unpaid wages. After an evaluation, they can also assist you in determining if you qualify to file a lawsuit or not. With the help of your attorney, you may be able to claim:

• The overtime wages and other benefits illegally withheld by the employer
• Your attorney fee paid by your employer
• Other damages such as double or even triple in some states.

Many employers feel it is beneficial for them to ignore the overtime laws, especially if the workers are not aware about their rights. Overtime pay laws are not always easy to understand and a professional attorney who fights for overtime rights can help you determining your options. It is strongly recommended that all workers must educate themselves about their employee rights and never become victims of wage theft. If you feel you or someone you know is not aware, have them speak with an overtime lawyer who can offer free guidance on how to proceed.

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Claim your Unpaid Overtime by Hiring a Lawyer

In an economy, which is constantly prone to ups and down, it is sometimes hard to make ends meet. This is why people will go extra lengths at work in order to keep a job and afford the daily expenses. People often do that by working overtime and spending extra hours in addition to regular working hours and sometimes the company does not properly pay them for all their hours worked.

To make sure people are fairly paid for the work they do, there are several federals laws, state laws, and regulations that govern how employees must be paid. There are specific laws that determine the minimum wage as well as minimum payment for every hour worked as overtime. The one most frequently invoked is the Fair Labor Standards Act, known as the FLSA, which sets the minimum wage and overtime protocols under Federal Law.

However the bitter truth is that despite all these laws, there are some employers who exploit their employees by not paying overtime or pay or make people work off the clock and pay less than minimum wage.

If your employer is shorting you wages, do not just sit back, instead stand up, and raise your voice. You can hire a lawyer for unpaid wages to fight for your rights. Most overtime lawyers work purely on contingency which means they are not paid for commencing an overtime lawsuit unless they win your case.

According to federal law, if a person has spent forty hours in a week working for his company, he will be entitled to receive overtime payment for every additional hour spent working unless there is an FLSA exemption.

However, there are certain exceptions to the rule. For instance there are some professions in which people are not entitled to demand overtime payment. Each position has its exception and the exception to its exception, so it’s best to consult with a lawyer who is experienced in filing wage and hour complaints.

Hard working people should be rewarded for their work, especially when it leads to the success of the company, but some employers fail to realize that. In fact they fail to keep their end of the deal and look for ways to cut corners to line their own pockets further. In such situations, the only solution is to raise your voice, and a lawyer will help you do that. But remember that such cases are often highly time-sensitive and any delay may result in you losing some of your damages. Most calls to overtime law firms are confidential and free, so there is no downside to educate yourself about your rights.

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Are You Getting Paid for Overtime at Work?

How would it feel, if you do not get paid for the all extra hours you have worked or are still working. Employees, who are not aware of their employee rights, or are forced to work in oppressive work conditions because of the poor economy are vulnerably to become the victims of labor and employment violations.

As an employee, do you have any unpaid overtime wages? If you are unsure or have no information about this, keep on reading.

When we talk about unpaid wages, it includes situations such as:

• Working before or after your scheduled work shift without any compensation
• Receiving less than minimum wage
• Not being paid for overtime work or claiming that you are salaried so they can work you as many hours as they want for the same rate
• Performing work after clocking out

Well, if you are one of these hard working employees and you believe that your employer is violating state or federal wage laws, raise your voice to raise your wages. Filling a lawsuit is another option for you. For that, you would need a lawyer for unpaid wages to get the justice you deserve. Find a lawyer who has appropriate knowledge of the labor code and someone who can stand with you to vindicate your rights.

You may be entitled to double damages plus your attorney fees paid directly from the defendant. After listening and understating the whole scenario, your lawyer can develop and suggest strategies of the process

Many lawyers in the industry will fight your case with no money up front unless you win. The consultation is confidential and no information will be disclosed to your employer or to the outside world unless you decide to file suit. It’s best to learn your options from a law firm experienced in overtime litigation.

It is strongly recommended that every employee who suspects there may be some sort of wage violation consult with a law firm who has knowledge and information about state and federal wage laws. This will help prevent you from becoming a victim of unpaid or minimum wage violations.

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