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.