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View Full Version : Backpay - Overtime - Kansas


djhonda247
12-27-2007, 02:55 PM
I recently put in my 2 weeks notice at my employer. At that time, they told me my last day was in 2 days.

I am in the accounting field, so in our line of business we work a lot of hours between Jan 1 and April 15. I put in many hours over tax season.

Their salary package consists of a base salary amount (paid to employees over 24 pay periods) and your hourly rate multiplied by overtime hours during tax season. The overtime hours (according to my interview) are paid to employees in May (3/4 of total) and in December (1/4 of total). They did not have any type of employment contract signed other than the employee manual.

After I was hired, I found out that the employee manual says that the hours worked during tax season are paid out on a "discretionary" basis called "bonuses" in May and December. So, what we had agreed to in my interview was now different.

Whenever confronted with this difference, they stressed that the employee manual was correct. I have found many differences between the two policies (actual vs employee manual). If asked, any employee could admit that there are differences. I mean, the manual was last updated in 1990, 17 years ago.

So, what I am trying to get to is that I worked 417 hours during tax season. In May, I got paid for roughly 360 hours. The rest of the hours were left to be paid in December. When I quit, I was promised to be paid for the rest of the hours. I received a check today paying me for under half of the remaining hours.

What remedies do I have?

Also, the employee manual states that any employee with under 1 year of accounting firm experience gets paid time and a half for their first year of tax season overtime hours. I did not receive time and a half for my first year but got paid straight time. There is one inconsistency there.

Can I get back pay for the time and a half that the empoyee manual states?

Thanks!

Betty3
12-27-2007, 05:52 PM
If you believe you are owed add'l. wages you can put in a claim with your state's DOL or its equivalent or you can file a lawsuit against your employer. You might want to talk to an employment attorney & see if they believe you have a case.

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