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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.
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Recent Back Pay Questions

  • Hello. My job was eliminated 2/11/14 after 31 years of employment.

    Hello. My job was eliminated 2/11/14 after 31 years of employment. I was paid a severance in lump sum. I filed my unemployment claim immediately. Was approved for UC only to begin 10/4/14 due to the severance amount paid. Abided by the decision until now, when I made time to read up on the UC laws. The UC pamphlet doesnt state Gross or Net and I filed the Gross amt thinking I should have filed Net amt. I submitted a late appeal to discuss Gross vs Net. I met with the referee and he wanted to discuss my reason for a late appeal. ? And also my back pay to march. Never addressing my question and he denied me. My questions were 1. Gross vs Net. 2. Lump sum vs monthly payment. 3. Start my claim in August vs. March. Any suggestions are helpful. Tyvm
  • I had a 2 years verbal contract with the company I worked for

    I had a 2 years verbal contract with the company I worked for as a Tax Preparer. They used me for their business needs such as a lessee of an office building they are currently using until now (contract for 5 years), tax firm that used my license till May 2014, utilities are under my name as well that they left unpaid, back pay salary of approximately $20,000. I started working with them on September 2013 and they fired me on March 2014. They promised to pay me $50,000 annually on W2 and with medical benefits which none of them were given. I have an account on Intuit (Proseries-tax software) that they transferred under their name without my permission. Intuit allowed the business name change without notifying me and when I called them to dispute they shut me down and told me that they can no longer talk to me because I am not an authorized user of the account that was originally mine. I don't know what to do. I know I have a case but I don't know where to start and what case can I file against them. I also don't know if I was an employee or the business owner. I was hired to be an employee though until they had me agreed on putting everything under my name. After the incident happened, I made a research about the company and I found out that they used me as their front due to their business license is suspended and can't do business at all.
  • I work for Marriott international after 19 yrs I was terminated

    I work for Marriott international after 19 yrs I was terminated for 3write ups in 12 months I asked lawyers about help an they told me I really had no case it was for improper conduct. I decided to try arbitration on my own for I felt I was wrongfully treated and I had nothing to lose. After 11 months I WON my arbitration.but granted no back pay for I did not requested it in my filing of papers,not knowing. I believe I was singled out because of my complaints on safety issues and management not being consistent in their jobs. I feel someone needs to be responsible for the hardships I suffered for 11 months,and I want to know if I could do a civil suit.

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