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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12933
Experience:  Significant experience in all areas of employment law.
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Pearl, kindly let me know if a Lawyer might this this is

Customer Question

Pearl, kindly let me know if a Lawyer might this this is viable to proceed…via contingency only.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Florida…….While employed for 11 1/2 years at a Wealth Management Company (I retired end of January 2016), I was threatened into working overtime that I was not compensated for. OT was paid only for the last 2 years of employment. I still have some documentation. This Wealth Management Facility revels on positive publicity. Might there be the posibility of pursuing this at ths time. As you can imagine the areas that my compensation shows such a loss not only affects my salary but also my bonus, raise / increase in salary, pension, Social Security and 401K. Please advise
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Thought I mentioned -- State of Florida
JA: Have you talked to a lawyer yet?
Customer: No not directly. I have tried connecting through a few web-sites which pretty much ended in dead ends.
JA: Anything else you think the lawyer should know?
Customer: Thought the information provided would be a good start. Is there anything specific that you might like to know?
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Assuming you are a non-exempt employee, meaning your position does not fall within an exemption from overtime law, you would be entitled to overtime for all hours worked in excess of 40 per week. However, the statute of limitations for pursuing such a claim, meaning the deadline by which legal action must be taken or your rights are lost forever, is two years from when the wages become due, or three years if the non-payment was "willful." Here, you might be able to argue that the non-payment was willful, but since you were paid overtime for your last two years of employment this would leave just one more year for which you could recover any unpaid overtime. The right to pursue claims for the other unpaid overtime would at this point typically have expired.

Most likely, a claim for one year of unpaid overtime would not be worth the time and effort of an attorney on a contingency fee basis. However, there is another better option--a wage claim through the Department of Labor. This administrative agency prosecutes overtime violation at no charge, and the process is set up so that you don't need an attorney. It would be critical to file your wage claim as soon as possible, because each day you delay is another day that you lose out on the unpaid overtime due to the continually running statute of limitations. See here to initiate the wage claim process.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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