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  • question//Iowa

    The biggest question I have is in reguards to overtime pay. When I was hired I was told that my positions dosn't pay overtime. Overtime about 4 years I had heard that some employees where getting paid overtime checks from the past 3-4 years of work. I did some research and found out most of the people getting the overtime checks where people that didn't work for the company anymore. These check where large sums of $. I did some more research and found I was able to get an ovetime check as well. With lots of questions came lots of hesitation from the company. After I submitted my overtime for about 4 years about $24000 I waited and waited for my check. When I sumitted my overtime hours I had to go off a best guess because I was always told to put down 40 hours and 40 hours only. After about 8 months of waiting and making a few phone calls I recieved a check for about $6000. Needless to say I was very disapointed!!! When I recieved the check it also came with a letter saying that If I cashed this check I could never go back and asked for more overtime $$$. I did visit with my boss who told me I was should cash the check and not to ask questions on it. I told her I wanted a expanation of the overtime payout. She told me I should ask questions and sign the paper and cash the check. (I felt like this was the only thing to do) This is a very big company and I was trying to fly under the radar as much as possible. What I would like to know now is the paper that I singed can I go back on them know and ask for more $$. I don't work for this company and am very glad to be out. Also my boss had promised me a 20% increase in pay nothing in writting but I had a verbal. I worked like this for almost 8 months and then found out I wasn't going to get any pay raise. I would say the average pay increase for my position would be 10% for the 55 people across the USA. Also I was singled out of a yearly trip. It was based off of meeting your yearly numbers which I hit exactatly 100%. I admitted I was not doing well with numbers 3 month prior to the trip. But the trip was based off numbers from the pervious year. I am confussed If I should just let this go or what to do. This is something that I think about daily. I just want what is mine

  • #2
    Iowa Overtime

    There are a couple of issues here.

    1) Can you receive additional money for overtime, if you signed a release saying that you would not seek additional money? It depends on the terms discussed in the release. Also, it depends on whether you received enough time to review the agreement (usually a week or so unless you are 40 or older. In that case, you should have received 3 weeks to review the agreement and an additional week to withdraw an approval). If you didn't have an adequate time for review, you may wish to talk with an attorney. You may risk the money that has been already been provided to you. In many cases, an agreement will require that the money be placed in an escrow account during the discussion over the recovery.If you don't have the money, it may be problematic but you should talk to your attorney. Also, keep in mind that you have a limited period of time to file a wage claim...most often 2 years or less.
    2) Were you the victim of retaliation? It is illegal to retaliate against a person for doing something such as file a wage claim (though the determination of the consequences of this is governed by state law). If you feel that you were retaliated against because of your wage claim, you should talk with the state. If you are talking with an attorney about the earlier issue, you'll want to raise this as well.

    Let me know if you have any other questions.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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