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We have a small incorporated business (struggling) of about

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Hello, We have a small...
Hello, We have a small incorporated business (struggling) of about 20 employees. We had disgruntled employee who quit without giving any notice. This person is now suing us for eighty hours of overtime and the cost of her lawyer. We have an employee handbook that clearly states overtime is given only with prior authorization and she was also told several times. (she never asked). Our company however paid her a monthly performance bonus every month and her flat hourly pay. Where do we stand? Doesn't the bonus money suffice for the overtime (the bonus money is more then she would have made in time and a half)?
Thank you.
Submitted: 1 year ago.Category: Employment Law
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Answered in 15 minutes by:
4/14/2016
Employment Lawyer: Marsha411JD, Lawyer replied 1 year ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,417
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question. Regrettably, the bonus she received would have nothing to do with her entitlement to overtime. In other words, an employer cannot say that she was paid the equivalent (time and a half) of overtime by other means. Overtime is due despite how much an employee makes as long as they are a non-exempt employee. Also, the fact that she was not authorized overtime would not effect her right to it if she actually worked those hours. If an employer knows that an employee is working hours that are not authorized, their options are to discipline them, which include termination for rules violations, but they must still pay them for the hours they actually worked.

I would strongly urge you to hire a local employment law firm who represents employers to handle this case. You really don't want to try to handle this yourself when she is represented by an attorney. Once your attorney reviews all of the evidence in the case, they can advise you what the best course of action would be, including settlement or going to trial.

Please feel free to ask for clarification if needed. Thank you

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Employment Lawyer: Marsha411JD, Lawyer replied 1 year ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 14th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good.If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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