Franklin, NC asked in Employment Discrimination and Employment Law for North Carolina

Q: I was going 2 resign due 2 wage & hr dispute. Boss asked me 2 stay we talked. He now is taking my hrs. Is this right?

I have texts msgs. Our OT is paid in cash so not on books and is not time and 1/2... I was hired for Monday thru Friday but initially for 2 months worked every weekend. I put in notice but we talked and I agreed to stay on per his request. Now through another employee he has promised her my shift. Can he do that. I feel it us retaliation because I questioned their wrongs. I have proof of everything

1 Lawyer Answer

A: There is not enough information in this post to give you detailed advice. Really, you need to consult with an experienced employment attorney for such advice. Even so, under both state and federal law, an employer must pay you overtime for all hour worked over 40 in a workweek. This assumes that you are a non-exempt employee and that you do not work for the government. If you lodge a complaint about, or report, a failure to comply with the Wage and Hour law, it is unlawful for the employer to terminate you because of that complaint or report.

Attorneys on Justia cannot solicit your business, so you will need to contact the attorney of your choice to set up a consultation.

Justia Ask A Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.