Q: Do I have a right to file suit against my employer if he continually lies to me about overtime?
He told me that he had to watch the budget, then gave 1 person 82 hours and another 84.
A:
Is your employer motivated by an improper purpose to give others overtime which you are denied? For example, race, religion, color, gender, etc... are factors used by your employer when he decides who gets overtime? He cannot deny you overtime because you are a woman (just guessing) but he could deny you overtime if he does not like you or anyone else if their protected class status has nothing to do with it. Not liking you in general is ok. Not liking you because you are a woman or because you are Black or because... is not ok and may be discriminatory if proven?
Is your membership in one or more protected classes being used to establish your total compensation? That might be discriminatory.
Is your employer simply a liar to everyone regardless of protected class membership? That's probably ok.
You may never lie to your employer or risk losing your job as an "at will" employee since no reason is a good reason to let you go. On the other hand, your employer may lie to you, as we have witnessed a VIP do now for several years, unless an employee has a private employment contract, is a civil servant protected by civil service laws, or enjoys the protections of a union agreement.
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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.
