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Questions about Back Pay Laws

Fighting for back pay can be stressful. Yet, knowing how to approach the situation and using the right channels to argue your case can make a huge difference. If you have questions on how to receive back pay and what your rights as an employee are, write to qualified Employment Lawyers on JustAnswer. You’ll find quick, precise and insightful answers to your questions. Listed below are the top five back pay questions on JustAnswer.

If you are fired by your employer for trying to receive back pay through the Labor board, can it be considered a good enough reason to collect unemployment?

In most cases, being fired only on the grounds of attempting to recover back pay can still qualify you for unemployment. Usually, only if the employment has been terminated on the basis of gross misconduct can the employee be disqualified from receiving unemployment benefits. More importantly, in this specific case, you need to let the Labor board know that your employment was terminated because of the above reason. From your employer’s point of view, getting back against an employee for trying to receive back pay is unlawful and can lead to legal sanctions. To take legal action against your employer, you should ideally retain the services of a lawyer. If you want more clarity or a second opinion on what legal options you may have, you can ask an Employment Lawyer on JustAnswer.

I have not received payment for the last ten weeks of work. How can I recover back pay?

You could try and pursue the matter with the top management in your organization. Failing which, you could file a wage claim. In certain states, the Department of Labor doesn’t handle these claims. You may have to get in touch with the Federal Department of Labor instead.

I am a teacher who is currently employed with a school. I finished my Masters course but received the actual degree only much after I started working. I was told by my employer then that I would receive the difference in pay between the bachelor’s certification and the master’s for the year I had been employed with them. However, they haven’t paid up yet. What can I do?

In the light of the situation you have described, it is possible that you do have a claim for back wages. However, you could first try and meet the Superintendent in charge to present your case before you file a claim. If that doesn’t work, you could contact the wage and hour agency in your state and file a claim with them, free of charge. Also, do get in touch with a local employment lawyer. You may or may not have enough grounds to file a suit depending on the paperwork you have establishing your entitlement to the back pay. However, it will help you get a clearer picture of where you stand. And finally, if you decide to file a claim, start looking out for other opportunities as soon as you can because it is possible that the attitude of your employer may change unfavourably towards you. Many states pay teachers with a Masters Degree very highly, so it might do you well to cast your net wider and look outside your state for employment.

I am collecting unemployment currently but I am due back pay from my former employer. Since I worked with a school, if I take this matter up with the Public Employee Relation Board, will it jeopardize my unemployment insurance?

Your unemployment will not be affected as long as the back pay that you receive doesn’t cover the same weeks for which you are collecting unemployment. In case your back pay does overlap the unemployment period, you would then, in all probability, need to repay unemployment for the benefits you received during this period.

I work for an organization where several employees were told that they could account for certain hours filled in on their timesheets. Yet, a few other employees were deliberately not told this. I fall into the latter category. Am I entitled to back pay?

This would depend on the individual rules of each organization. However, in most circumstances, if an employee is being paid an hourly wage, then he/she would be entitled to the same back wages entitled to employees who have worked the same number of hours.

Recovering back pay can sometimes take weeks and months. But knowing where you stand can help you take a step in the right direction. Clarify your doubts and get a professional opinion by writing in to Employment Lawyers on Just Answer. It’s a simple and affordable way to find answers to your questions.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
7 Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Back Pay Questions

  • I have an offer of settlement from Bridgestone Firestone involving

    I have an offer of settlement from Bridgestone Firestone involving my claims filed with the EEOC and I have recordings to support my claims. I am wondering how to proceed with an amount for back pay and forward pay, with pain and suffering...?..and if I should consider getting an attorney now or wait until I give them a number.
  • Can an employer

    Can an employer require you to sign a document stateing you will not bad mouth them or discuss with anyone about work conditions and what you feel are bad company policys. I'm getting ready to retire and will receive some back pay & vacation pay, but before they pay me they say I have to sign this paper stateing I will be positive about the company
  • I have an employer in senior care who I work for. They pay

    I have an employer in senior care who I work for. They pay me $10.00 an hour in the day for over seeing care for a retired firefighter. Then I stay the night and they pay me $30.00, or $130.00 for a day/night shift.
    When I am assigned to a different elder, they pay me $10.75 an hour. Does this employer owe me some additional pay for the day/night shift
    Thank you and merry Christmas.
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