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I was terminated almost 1 year ago after I cited crazy abuse…

I was terminated almost...

I was terminated almost 1 year ago after I cited crazy abuse & demanded to be treated fairly. cited some of the illegal & on-going abuse. I finally built up a tcase & of abuse. Gun threats, age discrim, & all the threats that occurred toward me. I talked to an EEOC receptionist a few weeks ago & she said If after

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

EEOC receptionist stated I forfeited my rights due to 300 days of passing. But This abuse happened regardless, do I not have any civil rights or class action lawsuit etc...?

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

Yes, Denver, CO. I have called a few lawyers, nothing substantial back. I was forced to wk crazy hours 70-80 hrs a wk salary & 20+ hr shifts. paid no o/t payment (43k job), yet told I would be docked pay if I worked under 40 h/wk. I heard wrong classification for payment could ensue. if abuse/threats/retaliation is past deadline, I have logs of crazy wk hours.

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

I talked to HR, manager, said I couldnt collect U.I. I tried anyway & was denied. They denied all the abuse & said I was delusional. (Worked w/ a crazy Christian cult). It has been insane.

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Customer reply replied 4 months ago
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see attached PDF brief:
Answered in 21 hours by:
3/28/2018
Josie-Mod
Category: Employment Law
Satisfied Customers: 12
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Hi, I'm Josie, a moderator for this topic.
I've noticed you have not yet received a response to this question.
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Customer reply replied 4 months ago
Correct, I have not received a response back as of yet. I placed cc# & I am still interested in a reply. Looking to see if I have any options of a lawsuit. (The abuse has really devastated my mental health; potential therapy $$).If a lawsuit is not achievable (outside the EEOC's; 300 day deadline). I want to explore options to expose this cruel abuse to agencies or the public so this employer & the bullies involved wont continue abusing others.
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,940
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.

The US Supreme Court has been very clear that the laws on workplace harassment were enacted to protect employees from conduct based only on the age/race/sex/disability/national origin of the employee and they were not intended to create a code of civility in the workplace. See: Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998). So, unless your claims about the abuse and bullying were based only on your age/race/sex/disability/national origin AND were brought within the 300 day statute of limitations, you no longer have that claim to make.

However, if they were improperly docking your pay as a salary employee and committed wage violations under the Fair Labor Standards Act, the US Department of Labor Wage and Hour Division has a 2 year statute of limitation (3 years if you prove malicious conduct) to sue over any wage claims. This would apply ONLY if they actually did dock your pay improperly.

You can also report employers in social media and on sites such as http://www.glassdoor.com

However, there are no actual agencies that you can report a company to that makes its employees work too many hours or over works them, that is simply between employer and employee and there is no law saying how many hours an employee can or cannot be made to work.

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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Customer reply replied 4 months ago
Thank you for your response. "This would apply ONLY if they actually did dock your pay improperly": I dont beleve they ever did dock my pay (will have to closely look at paycheck stubs). However they threatened to dock my salary (Often; every 2 months threatened this). -if I didnt work at minimum 40 hours a week. i.e. employer used it as leveridge to prevent me from taking a 1/2 day off or errands during the week. Told I couldnt take any personal early outs etc... w/ out being docked salary pay.

Thank you for your reply.

The time off had to be a day or more to dock pay. Here is an FLSA opinion from the US Department of Labor that explains things. See: https://www.dol.gov/whd/opinion/FLSA/2005/2005_01_07_7_FLSA_PaidTimeOff.htm

So, you still have a possible wage claim and that is still within the statute of limitations and you should file it now with the US Department of Labor if within the 3 year time period and let them investigate the employer's conduct.

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Customer reply replied 4 months ago
Thank you for this info! You have been super helpful. :)

Thank you very much.

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.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,940
Experience: 20+ Years of Employment Law Experience
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