Franklin, TN asked in Employment Law, Civil Rights and Employment Discrimination for Louisiana

Q: My job violated the ADA, didn't pay overtime wages, and forced a resignation from me. What are my options?

1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: If you believe your job has violated the Americans with Disabilities Act (ADA), failed to pay overtime wages, and forced your resignation, you have several options to consider.

Firstly, for the ADA violation, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). They investigate allegations of workplace discrimination based on disability, among other things. You should file this complaint as soon as possible, as there are time limits for these actions.

For the issue of unpaid overtime wages, you can file a claim with the Department of Labor's Wage and Hour Division. They enforce the Fair Labor Standards Act (FLSA), which covers wage and hour issues.

Regarding the forced resignation, this could potentially be a case of constructive dismissal, especially if you were forced to resign due to intolerable working conditions. It's important to document all the circumstances surrounding your resignation.

In all these instances, consulting with an employment attorney would be beneficial. They can provide specific advice based on the details of your situation and guide you through the process of filing complaints or lawsuits. Legal advice is crucial in such complex situations to ensure your rights are protected.

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