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How to demand unpaid wages from former employer?
Anonymous6 views3 answers
My former employer chronically adjusted my time sheets to make it look like i took lunch breaks that i didn't, and also to make it look like i came in later/left earlier (i.e. punched in at 9:17 for 9:30 shift - because we were required to be at least ten minutes early - and then my clock in time would be adjusted to 9:30) in order to avoid paying me for overtime. I recently learned that this is an illegal practice and was able to download my time records from the Zenefits app and calculated that they owe me a pretty substantial amount of money. my employment with them started in June 2018, and from what i understand there is a statute of limitations of 3 years for something like this. i am wondering how to request these unpaid wages from the former employer. all advice is truly appreciated!
Brian L. Greben
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on Apr 24
The statute of limitations in NY is 6 years and usually 3 years in Federal Court. The laws are very strict against employers when it comes to these issues. You are likely owed twice any underpayment as well as statutory fines of up to $10,000.00.
I suggest you contact an experienced employment/labor attorney. Many of us provide free consultations, and often take these cases on a contingent fee basis, meaning attorney fees aren't billed to you but are taken as a percentage of your recovery.
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Matthew Ian Marks
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You can hire an attorney to represent you in this by using the find a lawyer section of this site. Alternatively, you can contact the NY Department of Labor, Wage and Hour Division and they may take action.
This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/employattorney) if you have follow up questions as we do not monitor questions after providing an initial answer.
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Lisa Ilene Fried-Grodin
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on Apr 25
You can file a claim yourself with the New York Department of Labor or hire an attorney to assist you.
This response does not constitute legal advice or form an attorney-client relationship.
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