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girlygirl81
01-26-2009, 08:46 PM
I left my job after 1 year and 3 months of working for my previous employer.
My hiring contract says
"You will receive one weeks paid vacation after one year and two weeks after two years" I also have a raise negotiation letter that states.
"on top of raise you will also receive the following. one week paid vacation for 2008..."

I have only received 10 hours because they are saying that after one year employment I started accruing vacation.
I filed a claim and we had a conference. The employee they sent said that after a 90 day probation period and then one year I would start accruing. This is different then what the owner told me. Then during the conference I revealed that they have employees working 4-10's with out having an alternative work schedule. The deputy suggested that they get a lawyer and attend the hearing. In addition to the vacation pay and penalty on the claim I added the due over-time pay for all the days I worked over 8 hours.

I have an email to another employee were they admit they owe the over-time pay. Their lawyer has called with a 60% settlement offer. I said no, but that I was willing to negotiate. Should I? Should I got to the hearing?
Any thoughts.
Thanks

CAOvertimelawyer
01-26-2009, 11:02 PM
This could be a class action case and I strongly urge you and your colleagues to consult with a qualified class action law firm prior to entering into a settlement agreement to review your options.

girlygirl81
01-26-2009, 11:37 PM
When they found out they were in trouble they hired a lawyer and it looks like they have sent back pay to all past employees except me. That is how I received the admission of guilt...a previous employee sent me everything they sent her to help with my case.
Can they use the following excuse to get out of having to pay a penalty for the over-time?
The lawyer said that there excuse for not being filed to have an alternative work schedule was because when they bought the practice they were told by the previous owner that the practice had voted and filed.
I have looked up the offices in the area that are filed and they are filed under a practice name (Dr. so and so) not by an address or anything that would show that something like that would carry over.
All thoughts welcome.
Thanks

CAOvertimelawyer
01-27-2009, 10:30 AM
Back pay would mean all unpaid overtime and interest up to 4 years from filing of lawsuit. If the company attempted to discount this amount, and it is likely the employees signing the release did not have representation, the company may still be on the hook for any shortages. To be certain, an attorney would have to look over the release.

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