May 7, 2018 -
In some cases, when an employee sues the employer for unpaid wages or overtime, the employer may not have legal rights to bring the action. However, if the employee can prove in court that the employer has failed to make payments on a timely basis, there is a possibility that the employee can win the case and receive the owed money.
Many employers claim that they cannot afford to make their employees pay off unpaid wages, as it would cost them too much money. However, this argument does not hold water, especially when the employee is a minimum wage employee, as well as an overtime employee. An employee who has both of these situations will be able to receive the same amount of monetary compensation as the person who has one or the other situation.
The first step, an employee should take is to discuss this matter with their supervisor. If the employer refuses to assist the employee, they should contact a legal professional. The first step an employee takes is to contact the Department of Labor's Wage and Hour Division. This division will help the employee to determine if they are eligible for the lawsuit. If the employee is eligible, the employee will file the lawsuit.
The next step, an employee should take is to contact an attorney who specializes in the area of wage law. When choosing an attorney, the employee must be aware of the type of work being done, as well as the legal issues involved. An attorney who specializes in the area of wages will be able to tell an employee whether they will be able to sue their employer under federal laws or if they will need to hire a personal injury lawyer. Once the attorney makes this determination, they can recommend the best course of action for the employee to follow in order to obtain the funds they are entitled to.
It may also be helpful for the employee to contact a worker's compensation attorney who is familiar with their state's laws and who can provide advice to the employee regarding the process. Workers' compensation is different from bankruptcy, and is an extremely complex subject for most people. A workers' compensation attorney will be able to explain all of the facts associated with the topic of workers' compensation to the employee.
Finally, the employee must decide if they want to pursue their lawsuit using the funds they have received as unpaid wages. If the employee is eligible, they should contact their lawyer immediately and discuss this matter with them. If they choose not to pursue their case, they should contact the Department of Labor for more information.
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