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Going After Your Former Employer

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  • Going After Your Former Employer

    Hello,

    If the department of labor investigates your former company and determines they violated wage & hour laws and that the employee is due back wages, can the former employee go after anything in court to get additional money ON TOP OF the back wages?
    Last edited by kpftbl57; 10-04-2006, 06:26 PM.

  • #2
    Generally speaking, no. If you had originally filed a civil suit, your state (whatever it else) MIGHT have allowed your attorney's fees, court costs, and some damages. What state did you work in?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      State was Georgia. I had an attorney advise me, but it was a family friend with no costs. The Department of Labor did most of the work. I wasn't sure if I could go after "pain & suffering" or something else. ANYTHING to squeeze more money out of them because they knew they were guilty from Day 1 and its been a huge hassle for me to recoop the $5000

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      • #4
        Well, it was the federal DOL, then because Georgia defers enforcement to federal. I very seriously doubt it. If the DOL found the violations to be "willful", they could go back three years (otherwise, it's just two years) AND they could have (and probably did) fine the employer as well.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          I don't know of any state that allows you to file a complaint with the DOL AND file a civil suit to "squeeze more money out of them".
          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.

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          • #6
            Is using the DOL better than going through the civil suit?

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            • #7
              Define, better.

              In any case, since you already went through the DOL, it's a moot point.
              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.

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              • #8
                It isn't a matter of one being better or worse than the other. Filing through the DOL is free, doesn't require a lawyer, and is faster. Filing through the courts *may* allow you to collect more than just was owed, but almost always requires a lawyer, takes a lot longer, and the outcome is less certain.
                I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                • #9
                  I appreciate all of your help!

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