QUESTION

What should I do if my employer owes me overtime pay for the last 4 years?

Asked on Jul 27th, 2012 on Labor and Employment - Illinois
More details to this question:
My former employer did not pay me for all overtime for 4 years or any of the last 3 months of employment. I told them I'll sue and they replied with a $1500 check. I returned the check as it is less than 10% of what they owe me. Should I sue since they agreed they owe me the money?
Report Abuse

1 ANSWER

Employment Law Attorney serving Chicago, IL at The Law Office of Ryan Scott Nalley
Update Your Profile
It is essential, that you contact an attorney with experience and a thoroughly up to date understanding of this complicated and ever changing area of lawand you should do so as soon as possible, because time is literally money for a former employee attempting to collect overtime wages. The timing is crucial because each week you wait, you will likely be unable to collect the overtime and other damages that should have been paid to during the week you worked the hours. (You can only collect overtime for a period ranging back 3 years from the time the lawsuit is filedbefore the lawsuit is filed the clock on those years is ticking away week by week; and please understand that filing a claim with the Department of Labor does not stop that clock, only a complaint in court does) Yes, you should absolutely sue, presuming you have been working over 40 hours a week, have been paid time and one half, and do not meet any exemption to relevant statutes. If the above can all be proven you will be entitled to double the amount of wages you underpaid for at least the previous two years, and possible the previous 3 years. Your employer will also be responsible for all the costs of litigation, attorney's fees (even though you do not have pay the attorney's fees). Moreover, there are likely other employees and former employees who have also been underpaid, and if the word got out, or if you decided you wanted to include them in your lawsuit, your employer could face serious financial consequences.
Answered on Aug 14th, 2012 at 3:34 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters