Employment Law

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I have recently been terminated from my term employer for…

Customer Question
I have recently been...

I have recently been terminated from my long term employer for questioning a breach in written agreement for rate of pay. Also, he is refusing to pay for overtime. I have requested my employee pesonnel records but I don’t believe they will be furnished. How long does he have to supply them to me?

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

The owner is the only one to speak with. I have not talked to a lawyer yet. I was getting ready to file a claim with the department of labor but, I really need the information to prove my case.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will

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

I found he a been convicted in the past and spent time in prison for human trafficking and other federal labor laws United States vs Timothy Bradley criminal case# *****

Submitted: 3 months ago.Category: Employment Law
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Answered in 3 minutes by:
3/19/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 3 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,320
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Even as an at will employee, you cannot be terminated for making a claim under a statutory right. If you were entitled to overtime and a particular pay rate and he did not pay you as required by law, then you have your complaint you can file with the the Department of Labor or you can sue in court for violation of the Wage Act and Fair Labor Standards Act and also for wrongful termination for retaliation for exercising your legal right under those acts.

You need to file your claim or get a local attorney to file suit. For the retaliation claim you can also seek attorneys fees if you prove the retaliation was willful and malicious.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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