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I filed a complaint with the DOL. My employer has not

Customer Question
I filed a complaint...

I filed a complaint with the DOL. My employer has not returned any of the calls or answered them. What happens when there is no response? Am I automatically given favor?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

North Carolina

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At Will, Full Time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was terminated wrongfully while out on FMLA.

Submitted: 1 month ago.Category: Employment Law
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Answered in 23 hours by:
3/14/2018
Employment Lawyer: Michelle-mod, Moderator replied 1 month ago
Michelle-mod
Michelle-mod, Moderator
Category: Employment Law
Satisfied Customers: 10
Experience: Moderator
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Hello:
I'm Michelle, the moderator for this category. I'm so sorry that an Expert has not connected with you yet. I wanted to reach out to see if you still needed assistance with your question? Please use the reply box below to let me know if you'd like to continue or cancel.
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Customer reply replied 1 month ago
I still need an answer to this. I reached out again today to the DOL representative and haven't heard back yet. As of yesterday there were messages left for the employer but no response. I need to know what happens when there is no response and how long do I need to wait with no response for action to occur? Is that action in my favor?
Employment Lawyer: legalgems, Lawyer replied 1 month ago
legalgems
legalgems, Lawyer
Category: Employment Law
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Employment Lawyer: legalgems, Lawyer replied 1 month ago

I am sorry to hear this; how long ago was the complaint filed?

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Customer reply replied 1 month ago
February 27, 2018
Customer reply replied 1 month ago
The complaint was officially filed February 27, 2018.
Employment Lawyer: legalgems, Lawyer replied 1 month ago

Unfortunately the statutes do not provide a specified time frame so it will depend on their backlog.

In addition to filing a complaint with the department the employee may also initiate a civil lawsuit. The statute of limitations is 2 years from the date of the incident (3 years if wilful)

Please see:

825.400Enforcement, general rules.(a) The employee has the choice of:(1) Filing, or having another person file on his or her behalf, a complaint with the Secretary of Labor, or(2) Filing a private lawsuit pursuant to section 107 of FMLA.(b) If the employee files a private lawsuit, it must be filed within two years after the last action which the employee contends was in violation of the Act, or three years if the violation was willful.(c) If an employer has violated one or more provisions of FMLA, and if justified by the facts of a particular case, an employee may receive one or more of the following: Wages, employment benefits, or other compensation denied or lost to such employee by reason of the violation; or, where no such tangible loss has occurred, such as when FMLA leave was unlawfully denied, any actual monetary loss sustained by the employee as a direct result of the violation, such as the cost of providing care, up to a sum equal to 26 weeks of wages for the employee in a case involving leave to care for a covered servicemember or 12 weeks of wages for the employee in a case involving leave for any other FMLA qualifying reason. In addition, the employee may be entitled to interest on such sum, calculated at the prevailing rate. An amount equaling the preceding sums may also be awarded as liquidated damages unless such amount is reduced by the court because the violation was in good faith and the employer had reasonable grounds for believing the employer had not violated the Act. When appropriate, the employee may also obtain appropriate equitable relief, such as employment, reinstatement and promotion. When the employer is found in violation, the employee may recover a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action from the employer in addition to any judgment awarded by the court.

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Customer reply replied 1 month ago
in your professional opinion is it in my best interest to also open a lawsuit in addition to the DOL complaint? How long do they have to respond once they're served with the lawsuit information?
Employment Lawyer: legalgems, Lawyer replied 1 month ago

Generally they have 30 days or the court may issue a default judgment in plaintiff's favor; please see:

https://www.ncleg.net/enactedlegislation/statutes/pdf/bychapter/chapter_1a.pdf

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Customer reply replied 1 month ago
Can you tell me what forms I need to initiate this in NC and how to write it? Obviously a default judgement in my benefit would be best for me. Is there special terms, phrases or anything I should use when initiating the lawsuit?
Employment Lawyer: legalgems, Lawyer replied 1 month ago

That actually requires a complete review of the file and the circumstances giving rise to the case. It would also require a conflict of interest check which is why this site is limited to providing information as opposed to drafting custom documents, etc.

You can contact the county bar and they should have a list of attorneys, some of which may take such cases on contingency fee.

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Customer reply replied 1 month ago
Okay. Can you send me which forms need to be completed?
Employment Lawyer: legalgems, Lawyer replied 1 month ago

A custom drafted complaint is required so this is done on pleading paper and there is no fill in the blank form provided by the court specific to this issue unfortunately.

Sample complaint here:

https://advance.lexis.com/open/document/lpadocument/?pdmfid=1000522&crid=dXJuOmNvbnRlbnRJdGVtOjVQUkstRjBZMC1SMDNOLU00QkMtMDAwMDEtMDA&pddocfullpath=%2Fshared%2Fdocument%2Fforms%2Furn%3AcontentItem%3A5PRK-F0Y0-R03N-M4BC-00001-00&pdcomponentid=373979

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Employment Lawyer: legalgems, Lawyer replied 1 month ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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