How far back (years) can an employee request compenstory time for undocumented time in the State of Georgia.
Country relating to Question: United States
State (if USA): Georgia
May two monetary offers thus far, both of which were turned down. Employee is seeking compensation for 18 yrs of undocumented comp. time.
Thank you for using Just Answer. Between my law practice and other law related jobs, I have over 13 years experience. I look forward to assisting you.Was this employee supposed to be paid overtime and was not paid it?What is it that you mean by "comp time?"
I'm not sure why you chose not to answer the question.I'll try to give an answer to your question without the additional information.The statute of limitations in your state for a wage claim is 2 years or 3 years if the employee can show that the failure to pay was intentional.So, the farthest back the court would look is three years for time that the employee should legally have been paid.Now, you also have the issue here of undocumented comp time. You haven't actually explained the context of that here. Are you referring to overtime pay that was never paid? Did your company have comp time that they were supposed to grant, but did not to this employee (by company policy)? Did the employee just keep track of time beyond 40 hours they worked and then spring this on you? These are questions that would help me to fully frame the answer, but if you don't want to respond that's fine. This is the most clear answer that I can give without additional information.
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