left box top box right box

ARE YOU BEING CHEATED BY YOUR EMPLOYER?

Legal Assistance with Overtime and Wage Disputes

Home Who We Are Employment Issues Common_questions.html Common Scenerios

Common Questions About Overtime & Unpaid Wage Claims

IF I HAVE NOT BEEN PROPERLY PAID, WHAT WILL I RECEIVE?

Q. What can I recover from my employer if I have not been properly paid for all my work time?
   
A. If you have not been properly paid by your employer, you are entitled to recover all unpaid wages or overtime for up to the last 6 years. You may also be entitled to an additional award of "liquidated damages" which could equal the amount of the unpaid wages and overtime. This means that a successful employee can recover two times the amount of unpaid wages and overtime. The law also provides that a successful claimant can also be awarded attorney’s fees and expenses.

Even where neither you nor your employer have kept any records of your hours worked, you may still be entitled to recover based on good faith, reasonable and realistic estimates.

   
Q. What if my employer is now out of business or has no real money or assets?
   
A. Depending upon the size of the business, certain of the employer’s officers and shareholders may be personally liable to you for payment of your unpaid wages and overtime.
   
Q. How long do I have to try and collect my unpaid wages and overtime?
   
A. In most cases, up to 6 years prior to a lawsuit being filed. You compute the 6 year period by counting back from the date your lawsuit is filed. Time spent trying to resolve your complaints with your employer generally will not stop the time period from continuing to run.
   
Q. If my claim cannot be resolved without filing a lawsuit, how long does a case take?
   
A. While most cases settle prior to a trial, the process can take from several months to several years.
   
Q. Can I be retaliated against for making a claim for overtime?
   
A. The law protects an employee from being retaliated against or otherwise harmed by their employer because they make a complaint about their unpaid wages or overtime or file a lawsuit to recover these monies.

THINK YOUR RIGHTS HAVE BEEN VIOLATED?
CALL OUR OFFICE FOR A CONSULTATION.

"Don’t Get Angry -- Get Arfa!"

914.694.1000

 

This is attorney advertising. Past experience is no guarantee of future outcomes or awards.
Copyright © 2012 - 2014 Jonathan P. Arfa, P.C. All rights reserved.

 

Home | Who We Are | Other Employment Issues | Common Questions | Common Scenarios