Getting the Compensation for Unpaid Earnings

They can also help to set the standards high so other employers won’t be tempted to take advantage of their employees in the future. Don’t be nervous to speak up because they can’t fire you for filing such a claim. There is a very good chance many other people working there also need to talk to the unpaid overtime lawyer about their own situation. If they are doing it to one person, they are likely doing it to many.

Supply Information

It is important to document as much as you can when it comes to this type of case. The unpaid overtime lawyer is going to have to prove you worked those hours and you weren’t paid. This tends to be easier to do than other cases because there should be a clock in/clock out system at the job. In other scenarios, logins and logoffs from computers can give that information too.

Any agreement about your work pay and other stipulations should be on file in the human resources office. Your unpaid overtime lawyer can ask those documents at any time. This is important information for them to read through. It can verify if you are an hourly employee or on salary. If you are on salary, you can’t file a claim against them for unpaid overtime hours.

With a salary, you agree you will get a set amount of pay for the work you do. It isn’t contingent upon the hours you work. The way in which your work agreement is written can influence the laws and how they apply.

Settlement Request

Once the information has been evaluated by the unpaid overtime lawyer, and they feel there is a basis to file a claim, they will do so. They can come up with a dollar amount of money they feel is owed to you that was earned but not paid. This will be part of the settlement ask. If the company agrees to pay it, then the case can move forward quickly and be completed.

They should also agree to make changes to the way they pay for overtime in the future. This will prevent the problem from occurring again. If it seems they were negligent and not fraudulent, they may be able to avoid all legal consequences of the outcome too other than repaying you.
If they refuse to pay the settlement, be ready to go to court against them. If the company has been intentionally not paying the overtime, they may face legal ramifications including a fine and an audit.

Consultation

The initial consultation with a unpaid overtime lawyer is usually going to be completed at no charge. If they agree you have a good case to pursue, they can discuss the specifics with you. They may be willing to do the work with no money up front. The stipulation with this will be once there is a settlement made, they will keep a percentage of that money.

This is a great way for you to get the legal representation you need without worrying about where the money to pay them is going to come from. With this type of agreement, if you don’t win the case, you still don’t owe anything to the attorney. They are going to fight to get you a winning outcome to see justice done and so they can get paid!

FAQS About Sexual Harassment in the Workplace

Sexual harassment is a type of sex discrimination, which is a violation of the 1968 Title VII Civil Rights Act. Although this Act is meant to provide protection, unfortunately, sexual harassment is a type of crime that is common in the workplace. The act of sexually harassing another individual comes in many forms of unwanted sexual advances and/or inappropriate conduct.

If you believe you or someone you love is a victim of workplace sexual harassment, it is important to learn your options. Talk to an experienced personal injury attorney who can help you file a claim and an order of protection against your aggressor. You may be entitled to compensation for any losses and damages you’ve incurred as a result of the sex discrimination. In the meantime, continue reading to learn answers to some frequently asked questions about workplace sexual aggravation.

What is Considered Sexual Harassing?

Examples of workplace sexual aggravation includes uninvited touching or massaging, sexual pestering, sexual jokes or comments, suggestive gestures, obscene letters or emails, sending or showing explicit photos, verbal or physical sexual conduct, obsessive staring, stalking, and more. It also includes bribing employees with sexual requests, or making a job conditional based on sexual requests.

What Type of Sexual Harassment Claim Do I File?

There are two primary forms of sexual harassment claims: Quid Pro Quo and Hostile Work Environment. When an employer is bribing an employee with their job, an assignment, a promotion, or other form of employment advance, or making their employment conditional, in exchange for sexual favors or requests, it is Quid Pro Quo sexual aggravation. When the workplace is too intimidating of offensive as a result of sex discrimination, it is Hostile Work Environment sexual aggravation.

Is One Incident of Sexual Harassment Enough to File a Claim?

In most cases, yes, but it still depends. In the event of Quid Pro Quo sexual aggravation in which an employee’s occupation is conditional on sexual requests by a superior, one time is generally enough to make a case. This means if an interviewee or employee faces denial of employment or promotion upon refusing sexual requests from a superior, they could have a solid case. If an employee experiences one instance of sexual aggravation in the workplace, and the aggravation was not severe, it could be more difficult to label it as a hostile work environment unless more circumstances of the pestering occur.

Can I Get Fired or Reprimanded for Complaining About Sexual Harassment?

Absolutely not. The 1968 Title VII Civil Rights Act protects all employees from this type of discrimination. If you are threatened with your job for coming clean about being sexually pestered, contact a personal injury lawyer right away to learn your rights and protect your job.

Do I Need a Lawyer for a Sexual Aggravation Claim?

If you wish to file a claim for workplace sex discrimination, you will need to hire an experienced personal injury lawyer. They have the knowledge, skills, and resources to properly file your claim, investigate your case, and recover the full and fair compensation you deserve after suffering losses and damages as a result of the misconduct. Without a licensed attorney, it would be very challenging representing and protecting yourself.

An Overview of the ILO Constitution on Fundamental Principles and Rights at Work

The International Labour Organisation adopted the Declaration on Fundamental Principles and Rights at Work in 1998. Although this process started in 1995 at the Copenhagen World Summit for Social Development, it was finally adopted in 1998 and since then it has been gaining pace. The features of the Declaration serve as its identification of the core standards; they are applicable to all the Member States irrespective of the fact whether they have ratified the Conventions.

Notably, the Declaration conferred upon the international community equal importance for human rights, liberalization of international trade, improved labour standards at the national level, and a decentralized system of labour standards implementation making the standards more readily palatable to employers. However, due to the problematic nature of the international enforcement mechanisms, some scholars have criticized these labour standards as impractical. In this regard, the main criticism states that issues pertaining to trade and labour must be kept separate as bringing labour issues into the World Trade Organisation would mean imposing trade sanctions to issues such as child labour.

The preamble of the ILO provides for universal support and acknowledgement in promoting fundamental rights at work and also for their universal application. The principle of ‘freedom of association’ has been expressly stated in the Constitution, but the principle of ‘equal work for equal pay’ is only interpretative in nature. There isn’t any express mentioned about equal work for equal pay in the Constitution. In a nutshell, the Constitution speaks for social justice, issues relating to the regulation of the hours of work, regulation of labour supply, prevention of unemployment, protection of workers against sickness or injury, living wages, protection of children and women, provision for old age, protection of workers interests in countries other than their own and other measures. In contrast to this, the 1998 Declaration relatively promised less number of commitments. It did not provide for workplace safety, limits on work hours, freedom from workplace abuse, neither minimum, nor fair or living wage.

Although the labour organization’s monitoring and supervising standards have gained international acknowledgement, countries such as U.K. and U.S. have criticized the system for lacking proper follow-up mechanism. In this regard the Organization claimed that follow-up being not mandatory is more of a strictly promotional nature providing a global picture of the state of implementation of each category of fundamental principles and rights. Such a defence cannot be easily accepted. Hence creating a proper follow-up mechanism remains a target to be achieved in the near future as that would mean a positive contribution towards the expansion of future international labour rights regime.