Q: Does length of employment have any bearing on an unpaid wages/wrongful termination/retaliation ?
I am left without legal representation because the attorney I hired removed himself from my case two weeks before the statue of limitations expired after I was persistent in my desire to go to court after almost a year of unsuccessful negotiation attempts. I have not been able to get another attorney to take my case even though my rights were clearly violated and I have documentation to prove it. It's as if the case has somehow been tainted. My lawyer accepted a falsified evidence and never even questioned it. Employer sent a paystub for money I never received and for a pay period dated after the day I was fired. I am owed almost $2000. My attorney tried to tell me I was not entitled to any damages because I only worked there for three weeks. I was fired on my day off via text mssg, after going to pick up my first paycheck and texting my boss about the discrepancy.I was on the schedule for the following week posted earlier that day so there was no intention of firing me before then.
A: Since you took the time and trouble to ask this same question twice, I will take the time and trouble to give you the same advice I gave before:
"You are confusing administrative limitations with legal limitations. Moreover, please be advised that an employer's failure to pay correct wages is not actionable as employment discrimination unless you have evidence that the employer failed to pay you the correct wages because of your gender, age, race, religion, national origin, marital status or disability. Since you have alleged none of these "protected classes" the most probable reason why your lawyer did not help you file an EEOC charge is because you have no employment discrimination claim. At best all you have is a contractual dispute that you can bring yourself in a small claims court."
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