Charlotte, NC asked in Small Claims, Employment Law and Collections for North Carolina

Q: Can I take legal action to receive the total compensation I should have been paid while working there?

While interviewing for a chain restaurant GM position mid Dec of 2019 I was asked what annual salary I would accept to leave where I was currently employed and work there. I asked for 65,000 and the district Mgr at that time who was interviewing me agreed, but he said they would need to start me at 63,000 then give me a 3% raise Jan of 2020 to make it the 65,000 I was asking for. I accepted the position after being assured that this was no problem and would go into effect beginning early Jan 2020. Fast forward to now and after asking multiple management above myself about receiving my agreed upon salary, only to be told they "would look into it" and that being it, I've now been let go and have yet to be compensated a cent for the difference of what I orginally agreed to take the position for and what I actually received. I have saved text messages from the district manager that offered me the position and myself where it clearly states the details of all that I have said above.

2 Lawyer Answers
Kirton M. Madison
Kirton M. Madison
PREMIUM
Answered
  • Huntersville, NC
  • Licensed in North Carolina

A: Yes. You can take action. You should hurry though because you are running up against the statute of limitations. You should be able to use the documentation and text messages that you already have in your possession. You may take the restaurant to small claims court for the difference in the amount that you were paid and what you are actually owed. You will be able to seek double the amount owed under the NC Wage and Hour Act (as liquidated damages) because it involves back wages.

Ina Shtukar
Ina Shtukar
Answered
  • ROCK HILL, SC
  • Licensed in North Carolina

A: My question is why were you let go? You may have other employment related claims besides the Wage and Hour Act. For instance, if you were terminated in retaliation for your request to be paid as promised, you may have a wrongful termination and REDA claims. Provide more details please.

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