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Am an exempt employee, salary 130k. Left employment in Oct…

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Am an exempt employee, salary...

Am an exempt employee, salary 130k. Left employment in Oct due to excessive amt of hours being asked to work, i.e. on the order of 120-130 for a 80 hr pay period; adversely affecting my health. After leaving employer entreated me to return promising payment for hours worked. Have a documented voice mail. Came back, same excessive work hours. Promise for reimbursement and salary increase not honored; can I do anything under FSLA as exempt, can I do anything under contract law...verbal offer/promise to pay....my closing with offr to perform work.....Michael J******

Submitted: 2 months ago.Category: Employment Law
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Answered in 1 minute by:
12/14/2017
Employment Lawyer: Lucy, Esq., Lawyer replied 2 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 31,288
Experience: Former judicial law clerk, lawyer
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Hi Michael,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The FLSA only applies to non-exempt employees, so there unfortunately isn't a recourse there. However, if you have evidence that they promised reimbursement and a salary increase, and that's why you went back to work for them, you can require them to pay. There are two theories (and typically, you'd argue both of them).

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Employment Lawyer: Lucy, Esq., Lawyer replied 2 months ago

First, you can use the voicemail to claim a verbal contract. They offered you a job working X hours with Y pay, and you accepted. You then worked the hours, and they breached that agreement by not paying you the accepted amount. That's a pretty straightforward argument.

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Customer reply replied 2 months ago
Second theory
Employment Lawyer: Lucy, Esq., Lawyer replied 2 months ago

The other argument is called "detrimental reliance." It means that they made a promise, you acted based on that promise, and now you've been legally injured as a result. Not getting promised reimbursements is a legal injury, as is being paid less than the amount offered when you accepted the job. This theory comes into play in case they argue that there is no contract.

That's why people tend to argue both. If there is a contract, they breached it and they owe you money. If there isn't a contract, they still owe you money.

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Customer reply replied 2 months ago
Probability of prevailing in a Court of law given your experience?
Employment Lawyer: Lucy, Esq., Lawyer replied 2 months ago

Often in court, it comes down to whether you can prove they made the promise. You've got it recorded on voicemail, which means that as long as you also have receipts for your expenses, there's a good chance you'll get the money back.

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Employment Lawyer: Lucy, Esq., Lawyer replied 2 months ago

Do you have any other questions about this?

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Lucy, Esq.
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