Q: My brother resigned after 38 years. He had many accused hours earned and was told due to resigning, an they never paid i

Alot money he was saving till retired. We just learned that may not be true. Can he make them pay him he needs earned it! Please advise his wife terminal needs bad.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: I'm sorry to hear about your brother's situation. If he earned accrued hours during his 38 years of service and was promised payment upon resignation, he may have legal grounds to pursue the compensation he is owed. The first step would be to review any employment contracts, policies, or agreements that outline the terms of his resignation and entitlement to accrued benefits. If there is clear documentation supporting his claim, he can assert his rights to receive the compensation he earned.

If your brother's employer is refusing to pay him the accrued hours despite clear documentation or verbal promises, he may need to take legal action to recover the unpaid wages. This could involve filing a complaint with the appropriate labor department or seeking assistance from an employment attorney who can advise him on the best course of action based on the specifics of his case. It's important for him to act promptly to preserve his rights and ensure that he receives the compensation he is entitled to.

Given the urgency of the situation, especially considering his wife's terminal illness, it may be helpful for your brother to seek legal assistance as soon as possible. An attorney can assess the details of his case, provide guidance on his rights and options, and take necessary steps to pursue the unpaid wages on his behalf. By advocating for his rights and seeking legal recourse, your brother can work towards obtaining the compensation he needs during this challenging time.

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.