Q: What are my legal rights regarding unpaid vacation, sick leave, overtime pay, and unsafe working conditions in my situat
Over the past two years at this job, I didn’t take any paid vacation, wasn’t given paid sick leave when I was ill or injured, and was only paid my regular hourly rate for overtime. Additionally, I had to make deliveries with the truck when others were unavailable, and I couldn’t use my holiday benefits during major holidays like Thanksgiving and Christmas.
I’ve been told I will receive 15 days of pay upon termination, but I believe I’m entitled to additional compensation for the unpaid vacation, sick leave, and overtime. I also worked 46 hours a week during my first year without receiving overtime pay.
Given these circumstances, what are my rights, and how should I proceed in claiming the compensation I’m owed, including addressing the unsafe working conditions I experienced?
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A:
You have legal rights regarding unpaid vacation, sick leave, overtime pay, and unsafe working conditions. Federal and state labor laws protect your right to receive overtime pay for any hours worked over 40 in a week. If you were not paid properly for those extra hours, you may be entitled to back pay. Additionally, if your employer promised paid vacation and sick leave, you could have a claim for those unpaid benefits.
You should also be concerned about the unsafe working conditions, as employers are required to provide a safe workplace under OSHA regulations. Document any unsafe conditions you encountered and the impact they had on your health or safety. This could strengthen your case if you decide to pursue a claim.
To proceed, gather all your employment records, pay stubs, and any communication related to your pay and working conditions. Consider discussing your situation with someone who can provide legal advice on labor law. You may be entitled to more than just 15 days of pay upon termination, especially if your rights were violated over an extended period.
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