Getting the Compensation for Unpaid Earnings
They can also help to set the standards high so other employers wont be tempted to take advantage of their employees in the future. Dont be nervous to speak up because they cant fire you for filing such a claim. There is a very good chance many other people working there also need to talk to the unpaid overtime lawyer about their own situation. If they are doing it to one person, they are likely doing it to many.
It is important to document as much as you can when it comes to this kind of case. The unpaid overtime lawyer is going to have to prove you worked those hours and you werent paid. This tends to be easier to do than other situations because there should be a clock in/clock out system at the job. In other scenarios, logins and logoffs from computers can give that information too.
Any agreement about your work pay and other stipulations should be on file in the human resources office. Your unpaid overtime lawyer can ask those documents at any time. This is important information for them to read by. It can verify if you are an hourly employee or on salary. If you are on salary, you cant file a claim against them for unpaid overtime hours.
With a salary, you agree you will get a set amount of pay for the work you do. It isnt contingent upon the hours you work. The way in which your work agreement is written can influence the laws and how they apply.
Once the information has been evaluated by the unpaid overtime lawyer, and they feel there is a basis to file a claim, they will do so. They can come up with a dollar amount of money they feel is owed to you that was earned but not paid. This will be part of the settlement ask. If the company agrees to pay it, then the case can move forward quickly and be completed.
They should also agree to make changes to the way they pay for overtime in the future. This will prevent the problem from occurring again. If it seems they were negligent and not fraudulent, they may be able to avoid all legal consequences of the outcome too other than repaying you.
If they refuse to pay the settlement, be ready to go to court against them. If the company has been deliberately not paying the overtime, they may confront legal ramifications including a fine and an audit.
The initial consultation with a unpaid overtime lawyer is usually going to be completed at no charge. If they agree you have a good case to pursue, they can discuss the specifics with you. They may be willing to do the work with no money up front. The stipulation with this will be once there is a settlement made, they will keep a percentage of that money.
This is a great way for you to get the legal representation you need without worrying about where the money to pay them is going to come from. With this kind of agreement, if you dont win the case, you nevertheless dont owe anything to the attorney. They are going to fight to get you a winning outcome to see justice done and so they can get paid!