I had worked for a bank for 15+ years. Good employee with outstanding reviews.Held position as personal banker for last 8 years.Worked numerous hours off the clock each week to make goals, as well as many other personal bankers that I know of. Decided to leave when it was announced that our branch would be open on Saturdays as I felt I could give no more. Gave resignation & accepted offer at another bank. The regional office spoke with me & talked me into staying saying they could xfer me to another branch that was a non Saturday branch.I decided to stay as I loved my job except for the hours I put in.

About a month later, I was called into the office and questioned about some accounts that I opened. Before opening the accounts, I went over with my manager & also called our help desk for guidance. I was given the OK. I was told to stay away while they were investigating and my manager did not back me. I decided to retain an attorney because of a few things that were said to me.Two days later, on a Friday afternoon,I was called and told I needed to be in the office by 6:00(this was closing time) or it would be considered "job abandonment". I tried contacting my attorney & decided not to go in as I was advised not to discuss without his being present. I took it that I was let go.

I tried to file for unemployment several weeks later and was turned down as they said that I quit verses being let go. Now I would like to recoup some of the lost wages for overtime that I wasn't paid and anything else I may be entitled to. We were told that we were not allowed to put down overtime most weeks and when we were allowed, we could not actually put down what we worked, only a portion of it. I was a very dedicated employee and very rarely took sick time either. I always did what was instructed of me and always did what I could to contribute to the team. Now I am being told that there are rumors about me being spread around to my old customers as I have run into a few of them.

Am I able to go back and recoup time and 1/2 for lost overtime wages??If so, for 2 or 3 years?? There were numerous co-associates who could testify that I did in fact work these hours as well as the alarm codes,computer sign on's & off's and phone records. If I am able to, can I go after punitive damages as well. I don't feel like they treated me right after almost 16 years of faithful service. I worked like a fool for them(I would never do that again) & feel like they just tossed me aside when they denied my unemployment. They also made me feel like a criminal. What recourse do I have?? Thank you so much!!

Whether or not the employer was required to pay you overtime is dependent upon the details of your job duties, not your job title. I really don't know what a "personal banker" does. Read up here, and then post back if you have further questions about exempt/nonexempt employment status.
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.htm

Whether or not the employer was required to pay you overtime is dependent upon the details of your job duties, not your job title. I really don't know what a "personal banker" does. Read up here, and then post back if you have further questions about exempt/nonexempt employment status.
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.htm


Thank you so much for the quick response. I hope I am doing this right!!A personal banker opens accounts, handles loan requests,takes care of customer service issues, greets customers entering the bank, etc...I was considered a nonexempt employee. When I was working, I just keep going & going to meet the goals we were given. I would come in early, work thru lunch and stay late. The bank had a sunset policy where all calls were suppose to made before leaving for the day.I brought in alot of business as I had alot of customers who referred their friends & family to me. On occasion, my manager would allow us to put down overtime. I believe I am entitled to overtime pay(atleast I hope you agree) for the time I worked, it is just a matter of how many hours I can claim and if I can go back 2 or 3 years.(I have tried to read up on this alittle before contacting you, which I really do appreciate this service and the quick response) Would that pay be time and 1/2 or can they get away with paying me less if I pursue? Also, would I be entitled to anything else under FL law, punitive damages. Its so sad that you can put everything into a job and they just toss you aside. Thank you!! :confused:

Thank you!!

Donna(: :confused:

Please respond to previous thread. Thank you so much!

Donna(: :confused:

Excuse me for not getting back to you in less than 24 hours. I have other duties where I get paid for them. I volunteer here and I get here when I can get here. :rolleyes:

Now, yes, it sounds like a nonexempt position to me as well. Since you are in Florida, your best bet would be to get an attorney and file a civil suit. The state of Florida does not have an overtime law of its own, and the federal Dept. of Labor enforces the overtime provisions of the FLSA, but only to the extent of minimum wage. Your attorney can include costs in the suit.

Donna, I need to ask you to have patience. Every single one of the responders, including me, is a volunteer who does this on their own time; whatever time they can spare from their jobs and their families and their other activities. They are not paid a penny for all the hours they spend here, and for some of them that is a great many hours indeed. But they cannot always drop everything and give you an immediate answer.

Thank you!! I wasn't worried at all that it took a day to get back to me. I am just not from the computer generation and thought I did something wrong and it did not get to you. Taking a computer class to help improve my communications. :)

Going through an attorney, we are only able to get time and 1/2 on min. wage?! Somehow this doesn't seem fair. If we were allowed to put down the time when we were using it, we would have gotten time and 1/2 on our regular salary. Are we able to go back 3 years?? I've just been hearing so many stories lately where long time employees at the bank who are making more $ & have built up longer vacation times like me are being let go for reasons that don't make sense. There are alot more issues here than just overtime.

I was let go for something I was given permission to do. You feel so embarassed that you don't even want to run into anyone that you use to work for. I had planned on retireing from the bank & would never have done anything wrong to mess up my retirement at the age of 50. I want to feel whole again. I appreciate your assistance. This is a wonderful service that I stumbled upon. Very glad to get this off my chest!! :confused: Thanks!! :)

No, you misunderstood. You can file a civil suit for the overtime at the regular rate of pay in effect at the time the overtime was worked. If you file a claim with the federal DOL, and they order back overtime pay, it is generally ordered at 1.5 times the minimum wage.

Thank you !!You are great! Much appreciated!! :D