They can also help set high standards so that other employers aren’t tempted to take advantage of your employees in the future. Don’t be nervous about speaking up because you cannot be fired for filing such a claim. Chances are, many other people who work there also need to speak to the unpaid overtime attorney about their own situation. If they are doing it to one person, chances are they are doing it to many.
It is important to document as much as you can when it comes to this type of case. The unpaid overtime attorney will have to show that you worked those hours and were not paid. This tends to be easier to do than other cases because there must be an in / out clock system at work. In other scenarios, computer logins and logoffs can also provide that information.
Any agreements regarding your work salary and other stipulations should be on file with the human resources office. Your unpaid overtime attorney can request these documents at any time. This is important information for you to read. You can check if it is an hourly employee or a salary. If you have wages, you cannot file a claim against them for unpaid overtime.
With a salary, you agree that you will receive a fixed amount of payment for the work that you do. It does not depend on the hours you work. The way your employment contract is written can influence laws and how they are applied.
Once the information has been evaluated by the unpaid overtime attorney, and they feel there is a basis for filing a claim, they will. They may come up with a dollar amount of money that they believe is owed to you and was earned but not paid. This will be part of the settlement request. If the business agrees to pay it, then the case can quickly move forward and be completed.
They must also agree to make changes to the way they pay for overtime in the future. This will prevent the problem from happening again. If it appears that they were negligent and not fraudulent, they may be able to avoid all the legal consequences of the result in addition to reimbursing you.
If they refuse to pay the settlement, prepare to go to court against them. If the company has intentionally failed to pay for overtime, they may face legal ramifications including a fine and an audit.
The initial consultation with an unpaid overtime attorney will generally be completed free of charge. If they agree that you have a good case to pursue, they can discuss the details with you. They may be willing to do the job without money up front. The stipulation with this will be that once a deal is made, they will keep a percentage of that money.
This is a great way to get the legal representation you need without worrying about where the money will come from to pay them. With this type of settlement, if you don’t win the case, you still don’t owe the attorney anything. They are going to fight for you to get a winning result for justice to be done and paid!