how to properly charge a former employer for your time attorney

What should I Ask my Lawyer when firing an employee?

Sep 20, 2013 · 1. Record your impressions of the incident. Whether you were terminated, harassed, or denied the ability to use medical leave, write down all the circumstances of the incident while they are still fresh in your mind. Create a timeline of events: when you were notified and who contacted you.

Are former employees entitled to the same rights as employees?

Aug 25, 2020 · Yes, you can sue for being underpaid. First, you need to submit a claim through WHD (more on this below) and wait for WHD to investigate the claim. They will decide if the claim is valid and submit a legal order for your employer to pay what you are owed. This is a common remedy for wage violations.

Should I Blame the arresting officer or the court personnel?

Mar 30, 2020 · This comprehensive how-to guide will take you in detail through he different parts of your severance package so that you will better understand the agreement you are considering signing. Your soon-to-be former employer has just provided you with a severance package. After reviewing it, you might be happy that you are about to receive money, but ...

How long should I wait to sue my former employer?

Sep 26, 2019 · Create an accurate timeline of the events leading up to your lawsuit. If there have been any emails sent to you or by you regarding the incident, make sure that you save them. Speak to your co-workers and see if any of them witnessed the events that happened to you.

What is severance pay?

Severance pay is usually referred to as the combination of compensation and/or benefits that is given to an employee leaves a company.

What is a severance agreement?

The severance agreement is the set of documents that you are required to sign in order to receive the severance pay.

Why do employers offer severance packages?

The most common reason employers offer Severance Packages is because it wants to end its relationship with the employee—forever. Providing a severa...

What is in a typical severance package?

While no severance agreement is exactly alike, they all generally contain the following provisions: general release of claims, confidentiality agre...

When should you negotiate your own severance package?

While we believe it's always wise to consult an attorney, if you're comfortable with the severance pay and benefits you're receiving or just don't...

When should you hire a lawyer to negotiate your severance package?

If you're not comfortable with the severance package being offered, and want to maximize the severance pay, then an experienced employment lawyer c...

What are some examples of wrongful termination?

Examples of Wrongful Termination. Per federal law, it’s illegal for employers to discriminate in hiring, firing or promotion on the basis of: 2 . Age (over 40, according to federal law, although some states offer protections for workers younger than age 40) Workers can also sue or file a charge with the Equal Employment Opportunity Commission ...

What does it mean to know your rights as an employee?

That means knowing your rights as a (former) employee, including when and where to pick up your final paycheck, whether you’re entitled to pay for accrued vacation and sick time, what will happen with your health care benefits, retirement plan, any stock options and more.

Do you have to file a charge of discrimination against your former employer?

If so, you will likely have to file a charge of discrimination with the EEOC before filing a job discrimination lawsuit against your former employer. Again, the exception is violations of the Equal Pay Act, in which case, you are not required to file a charge, provided that you file your suit within two years of the pay discrimination.

Can you sue your employer for discrimination?

Workers can also sue or file a charge with the Equal Employment Opportunity Commission if they are sexually harassed at work, fired for being a whistleblower, subject to constructive discharge (aka forced to resign), or made to endure a hostile work environment . To sue your employer for discrimination, you must first file a charge with ...

Can you be fired for cause in 2020?

Updated July 21, 2020. If you’ve recently been terminated for cause, you may be wondering whether your employer was within their rights to fire you—or whether your dismissal constitutes wrongful termination. And, if it turns out you were fired illegally, your next question will probably be whether you can—and should—sue.

Who were the famous people who were fired before making their mark on the world?

Many famous and influential people were fired before making their mark on the world, including Steve Jobs, Oprah Winfrey, and Thomas Edison . The information contained in this article is not legal advice and is not a substitute for such advice.

How long can you sue for WHD?

They are paid back wages under the supervision of WHD. The Secretary of Labor has already filed suit to recover the wages. The two-year statute of limitations (time limit on bringing a lawsuit) has passed. However, in the case of a willful violation, a three-year statute of limitations applies. Remember: An employer cannot fire or discriminate ...

What is back pay in FLSA?

This is a common remedy for wage violations. Your employer should make up the difference between what you were paid and the amount you should have been paid. The difference is referred to as " back pay .". Back wages may be ordered in cases under the FLSA.

What are the penalties for not paying employees?

Employers who willfully violate the minimum wage or overtime laws are subject to civil penalties of up to $1,000 for each willful violation. Willful violations of the FLSA may result in criminal prosecution. The violator can be subject to a fine of up to $10,000.

What is an investigation in a WHD?

An investigation involves several steps: A conference between the WHD representative and representatives of the business. The investigation process is explained to everyone. Examination of the records to determine what laws or exemptions apply to the business and its employees.

How much can a WHD violation be fined?

The violator can be subject to a fine of up to $10,000. A second conviction may result in imprisonment. If you believe you may be owed back wages collected by WHD, you may search the WHD's database of workers, and if you find that you are owed money, you can submit a claim.

What is liquidated damages in FLSA?

*Liquidated damages are like interest on your missing back pay. If your back pay is $2,000, your liquidated damages will be $2,000.

What is wage theft?

Federal law says all employees need to be paid for the time they work. They also must be paid the correct amount without being shortchanged. A violation of these laws is called "wage theft.". The U.S. Department of Labor's Wage and Hour Division (WHD) is responsible for enforcing the Fair Labor Standards Act (FLSA).

Why do employers offer severance packages?

The most common reason employers offer Severance Packages is because it wants to end its relationship with the employee —forever. Employees who have been wrongfully terminated, harassed or who have experienced wage theft can wait to sue their former employer for up to four years.

What is a severance package?

The term “Severance Package” usually refers to both a severance agreement and severance pay, however it is also used to refer to either one of those individually. A typical severance package includes both a severance agreement and severance pay.

What is a severance agreement?

The severance agreement is the document or set of documents that you are required to sign in order to receive the severance pay. The severance agreement is usually several pages long and often contains various parts, including a release of all legal claims, confidentiality agreement, and non-disparagement agreement.

Why did Jennifer's manager retaliate against her?

Her manager had retaliated against her after she reported to the manager’s supervisor that he was committing fraud against one of the company’s customers. The company offered Jennifer a severance package with a confidentiality agreement. Unsatisfied, Jennifer attempted to negotiate a better package.

What are the risks of negotiating a severance package?

Beware of the risks of negotiating your own severance package. You should be aware of the risks, however, of negotiating your own severance. One risk is that you will fail to understand the true value of any potential case you have against the company.

What is considered severance wages?

In order for the payment to be considered severance wages, it must meet the following requirements: The payment is made according to a company plan or policy; The plan or policy provides for payment to employees who are terminated for specific reasons, e.g., job elimination, reduction in force, closure, etc.;

What does a new job offer require?

New job offers also generally require the executive to upend his or her life and relocate his/her family to a new area. If the new role does not work out, the pre-negotiated severance ensures the executive is compensated, to some degree, for leaving a former job and relocating to a new area.

What happens if your employer doesn't pay you what they promised?

If your employer doesn’t pay you what they promised, that falls under a wage dispute. Use the evidence that you’ve gathered to help you decide what category your case falls under.

What happens if you file a lawsuit?

If you’re filing a lawsuit, your goals are most likely to stop the behavior from happening and to get policies changed. You don’t want to continue to suffer or potentially watch another employee suffer. The sad truth is, that even if you get your compensation and win, there is a good chance that nothing will change.

Why do lawsuits fail?

One of the biggest reasons why these lawsuits fail is that the employee didn’t gather the proper amount of documentation to support their claim. If you’re being harassed in any way, you’ll want to record anything that is said or done to you. Create an accurate timeline of the events leading up to your lawsuit.

Is an employer afraid of a lawsuit?

The Employer isn’t Afraid of a Lawsuit. Your lawsuit is most likely not the only one that your employer has had to deal with. If this is the case, then going through with your lawsuit may backfire on you because your employer will be prepared to handle it.

Can a lawsuit be terminated before it goes to court?

They may try to terminate you before your lawsuit goes to court. This is usually against the law but if they’ve had to deal with cases like yours in the past, chances are they will know a legal way around it.

What is demand letter?

Getting a demand letter from a law firm is about as welcome as a sharp stick in the eye. It is worse when the letter threatens dire consequences and is written on behalf of a recently terminated employee. It immediately invokes concerns of defending a wrongful termination lawsuit. Many demand letters also include direct or implied threats.

How long does it take to get a copy of your pay stub?

Current and former employees are entitled to inspect or obtain copies of their pay stubs, and employers have 21 calendar days to comply with a request to inspect or obtain copies.

What is the inspection and copying requirement?

Thus, the inspection and copying requirement could relate only to the employer’s copy of the pay stubs.

How to preserve options?

The best way to preserve those options is to act quickly upon receipt of the demand letter. First, document how and when the demand letter was received. Second, do not take any action and do not speak with anyone, particularly the attorney making the demand, until you have a game plan.

What are threats based on?

Often the threats are based upon exaggerated or flatly erroneous statements of law. To the uninitiated employer, however, such threats can cause understandable stress and anxiety that can result in a careless and costly response.

Can an employee inspect an employer's records?

Employees have the right to inspect employer’s records related to “the employee’s performance or to any grievance concerning the employee.”. Note that this is an “inspection” right, not a right to obtain copies. Moreover, the inspection right does not apply to letters of reference, investigations of possible criminal conduct ...

Can employees inspect personnel files?

But it is not that simple.

What is the only defense to a charge of embezzlement?

To put it another way, the ONLY defense to a charge of Embezzlement is that a person did NOT embezzle. If someone worked for the XYZ Products company, and diverted some money or merchandise, and then gets found out, once the Police are involved, it doesn’t matter if XYZ has a mail-order heroin business on the side.

Did the police charge Jones for stealing?

Theoretically, the Police could decide to charge Jones for his stealing (Larceny), but it would result in a separate case, and could not be used as any kind of defense to the Assault and Battery charge that Smith faces for hitting Jones, even though Smith was understandable mad.

Who punched Jones?

Jones denies wrongdoing, calls Smith a filthy liar, and Smith winds up punching him in the mouth, right in front of a block full of watching neighbors. The Police are called, and it’s clear that Smith punched Jones first, and not in self-defense, either. Smith is Arrested and charged with Assault and Battery.

Is a suspended license the same as embezzlement?

The same holds true for any kind of Drug charge, or Suspended License charge. It’s different with Embezzlement. Most of the time, a person is contacted by the Police or someone from the former employer (like Loss Prevention) and is asked to make a statement, or to answer a few questions.

How to save time in the future?

To save time in the future, maintain a copy of your employment records from your current employer. It's easier to compile your own personal employment file from the beginning of your employment.

Can employers provide copies of employee files?

Many employers will provide copies of your employment documents free of charge; however, employers are well within their rights to charge reasonable fees to photocopy employee file materials. Writer Bio. Ruth Mayhew has been writing since the mid-1980s, and she has been an HR subject matter expert since 1995.

Do you have to pay for photocopies?

You might have to pay for the cost of photocopies when you review your file. Many employers will provide copies of your employment documents free of charge; however, employers are well within their rights to charge reasonable fees to photocopy employee file materials.

Is a government employee a public employee?

Government employees are considered public employees, therefore, rules that apply to their employment are sometimes codified in legislation concerning open records laws or Sunshine laws. Sunshine laws provide the public with access to records in the public domain. Draft a written request for your personnel file.

Why is it illegal to talk about your employer on social media?

That's because trying to curtail worker communications can be seen as an illegal attempt to prevent them from unionizing or organizing.

What is the obligation of an employer to ensure its workplace is a safe environment?

An employer has an obligation to ensure its workplace is a safe environment and that worker complaints are handled in an appropriate manner. Some states also require companies to provide sexual harassment training to workers or supervisors.

How much is the minimum wage?

While the federal minimum wage is currently $7.25 per hour, many states and even some cities have higher requirements. Employers can't get around paying the minimum wage by paying with tips or commissions either. "You can't have a commission standard that pays less than federal minimum wage," Weinthal says.

Why is it bad to prohibit salary discussions?

That's because there is no way for employees to gauge wage equality with co-workers if they can't discuss their compensation.

What is non-compete agreement?

These agreements generally stipulate employees can't work for a competitor for a certain period of time after leaving a company.

What are the eight categories of discrimination?

The EEOC prohibits discrimination against workers on the basis of eight broad categories: race, color, religion, sex, national origin, age, disability and genetic information. That means none of these factors, known as protected classes, should be used when making employment decisions, such as hiring, setting compensation and awarding promotions.

What is the National Labor Relations Act?

The National Labor Relations Act and a variety of statutes overseen by the U.S. Equal Employment Opportunity Commission protect employees from hostile work environments, discrimination and unfair labor practices. There are also state and local regulations that employers must follow.

How to explain criminal history to prospective employer?

Getting an opportunity to explain your criminal history to a prospective employer might be the best way to overcome this hurdle to employment. Many employers will ask you to write a letter explaining your circumstances, so they can put your background in the proper light with respect to potential employment. The best way to explain is in a letter.

What to do when you bring up your criminal record?

When you bring up your criminal record, offer a few details but do not go into it depth. Once it is out there, there is no reason to wait for a response, either. Just move on to talking about more positive aspects of your past and work history. Remain open to answering questions if the interviewer should have any.

How to take responsibility for your past?

Take responsibility for your past — never make excuses, but limit your explanation. You do not want to appear to be justifying criminal behavior, no matter how minor it seems to you. Always follow up your answers with some positive information about the skills and qualities you bring to the job. You do not want to leave the conversation on ...

What to do if you were not involved in an arrest?

If you were not involved in the incident but were arrested anyway, you should explain that — but do not go into any detail about things other people did wrong. Blaming the arresting officer for being unprofessional or claiming the court personnel were rude to you will not put you in a good light.

How many paragraphs should a letter of explanation have?

Here are some tips for writing a letter of explanation: Keep your description brief. Your whole letter should be about three paragraphs.

Do you want to be defensive in an interview?

You do not want to appear defensive in a job interview. A defensive posture will draw negative attention to your qualifications. If you are asked specific questions about your criminal history, answer them truthfully but be brief. Try not to offer any more information than the interviewer wants to know.

Do you want to leave the conversation about your criminal history?

You do not want to leave the conversation on the topic of your criminal history. Demonstrate how you have turned it around and taken some good lessons from a bad situation. You may want to practice explaining your criminal history before the actual job interview.