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  • Help in Georgia Georgia



    I need some advice, please!
    I am currently in the process of taking my former employer to small claims court for nonpayment of final paycheck... I gave 2 weeks notice due to hostile work environment. He did not want me to work out my notice and insinuated I stole the appointment book from the spa and he refused to pay me until it was returned. I did not take the book and informed him repeatedly. So off to court we go...
    I have since found out he is slandering my reputation with former clients telling them he fired me due to inadequate work performance.

    1. Should I add 'slander' to my claim in court? (this customer is willing to go to court for me)
    2. Do courts often award 'damages' on claims such as this?
    3. My prior boss also switched me from hourly to salary based on hours I worked as he saw fit, should I mention this in court?
    4. He also never paid overtime, is this something I can try to get him to pay?

    Thanks in advance!

  • #2
    Why small claims court? Why not a wage violation claim with the DOL?

    But, no and no, to your questions.

    Oh, and I'm going to venture a guess that your work environment didn't meat the legal definition of hostile work environment.
    Please no private messages about your situation.

    Comment


    • #3
      Did you mean 'meet' the definition...? Why yes, it actually did meet the definition of hostile work environment..... And the DOL advised me to file a small claim against my employer because I make more than minimum wage.

      Comment


      • #4
        Originally posted by cindy1015 View Post
        Did you mean 'meet' the definition...? Why yes, it actually did meet the definition of hostile work environment..... And the DOL advised me to file a small claim against my employer because I make more than minimum wage.
        LOL I can't believe that I typed "meat". OOPS!

        Hmmmm. I'm very surprised that you were told to file a small claims suit for that. What are you doing about the hostile work environment?
        Please no private messages about your situation.

        Comment


        • #5
          Can you claim overtime from the past

          If my boss hasn't paid me overtime from close to a year now, is it possible to ask for it now?

          Comment


          • #6
            Cindy you can ask this in your original post.
            Please no private messages about your situation.

            Comment


            • #7
              If you are owed overtime, the Federal Department of Labor can go back two (sometimes three) years to look at your hours and require the employer to cough up the overtime owed. The DOL could also assess penalties for non-payment of the overtime.

              So, yes, if you are owed overtime, you can certainly ask your employer to pay you for the last year.

              Don't expect them to jump right up and offer to pay you everything right off (or even anything).

              If they have not been paying you correctly AND they knew it, there will be excuses for not paying you. They might also fire you simply for bringing the subject up (although they won't say that is why they let you go).

              Before you risk your job

              Are you eligible for overtime?

              If so, how much money are you owed since you have worked for the company (or for the last two years, whichever is shorter)?

              The DOL can get you paid back pay, but no damages. An attorney can get you back pay PLUS damages of the same amount PLUS his/her fees PLUS court costs. Worth discussing with an attorney.
              Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

              Comment


              • #8
                There is more information in her other post, which is why I directed her there.
                Please no private messages about your situation.

                Comment


                • #9
                  I certainly hope it is the right thing to do.... According to the DOL they can only help you recoup UP TO minimum wage. I just found out about the slander thing today... The guy is just a rude jerk. I haven't thought about what to do about the hostile environment thing just yet. I put it down on my unemployment so hopefully that will help with that decision a little. This is all very new to me, haven't ever had to file for unemployment in my 40 years and looking for a job these days stinks!

                  Comment


                  • #10
                    Originally posted by cindy1015 View Post
                    I haven't thought about what to do about the hostile environment thing just yet.
                    You can contact the Federal EEOC or your state equivalent. I won't even guess if you have any grounds since you have disclosed no details about why you think it was a hostile work environment. It may well have been, but 90% (my guess) of the posts here claiming HWE issues are not that at all, legally.

                    No harm in contacting the agencies, though.
                    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

                    Comment


                    • #11
                      Originally posted by moburkes View Post
                      There is more information in her other post, which is why I directed her there.
                      I saw this one first and posted before you made the comment about the other one.

                      Maybe cbg can merge the two. She's a magician.
                      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

                      Comment


                      • #12
                        Just as a point of clarification, an HWE exists ONLY if you are being subjected to either sexual harassment or illegal discrimination/harassment under Title VII and related laws.
                        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                        Comment


                        • #13
                          It was harassment. Unfortunately, it has been the last thing on my mind, looking for work and trying to get paid has been in the forefront of my mind...

                          Comment


                          • #14
                            But was it ILLEGAL harassment?
                            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                            Comment


                            • #15
                              I'm not sure how much sense the merged post makes, but here it is.
                              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                              Comment

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