Q: Would I be eligible to counter-sue?
I misplaced a check I got for my employer. Until now I've never had any trouble working with the money and offered to replace it. My employer told me he could take it out of my next 2 checks so I'd be working unpaided. The problem is I'm already underpaid. I work 72 hours a week (5 months I've worked for him I've only had 3.5 days off all for a medical emergency in the past week) and am only paid 400 dollars even though I'm supposed to be paid minimum wage. State minimum wage is 7.25 (10.87 overtime) and I'm paid about 5.55 an hour. He's threatened to take legal action and say I stole the money if I dont work the two weeks. For the past month alone if he we're to pay me the state requirements he would owe me 1,391.36 the missing check was for $736. If I were to quit and file a counter lawsuit which of us would have the advantage in court and would he be able to file for a lawsuit if he pays in cash because I was told by an employee that quit recently that its illegal for him to do that
A: Consult a wage lawyer this seems to be possibly unlawful but need more facts on the job you do, if paid a salary 400$ and not overtime you may. E owed for all overtime hours plus double
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