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  • cindy1015
    replied
    Thanks for merging my posts! The more I read the posts the more I realize it was just a crappy work environment. I was more qualified than the office manager and between her and the doctor who owned the practice, they made my life a living h***. Harassing emails, interoffice memos, neglecting to inform me of meetings I was supposed to attend, etc.

    Leave a comment:


  • cbg
    replied
    I'm not sure how much sense the merged post makes, but here it is.

    Leave a comment:


  • cbg
    replied
    But was it ILLEGAL harassment?

    Leave a comment:


  • cindy1015
    replied
    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...

    Leave a comment:


  • cbg
    replied
    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.

    Leave a comment:


  • ScottB
    replied
    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.

    Leave a comment:


  • ScottB
    replied
    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.

    Leave a comment:


  • cindy1015
    replied
    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!

    Leave a comment:


  • moburkes
    replied
    There is more information in her other post, which is why I directed her there.

    Leave a comment:


  • ScottB
    replied
    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.

    Leave a comment:


  • moburkes
    replied
    Cindy you can ask this in your original post.

    Leave a comment:


  • cindy1015
    replied
    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?

    Leave a comment:


  • moburkes
    replied
    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?

    Leave a comment:


  • cindy1015
    replied
    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.

    Leave a comment:


  • moburkes
    replied
    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.

    Leave a comment:

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