Legal Question in Employment Law in Alabama
Dispute over unpaid wages
My former employer owes me wages for my last week of employment (9/1-9/8/2006), and they keep giving me the run-around. I have all of my time sheets and can get access to phone and fax records. I had to fax my time sheets to the employer twice because they supposedly misplaced them (there was no time clock...just record sheets. I have called once a week since 9/31/2006 to resolve this matter, and all I get is excuses. The employer is also the general manager and has contracts with the Department of Human Resources, so there is not necessarily someone over her to talk to. The amount owed is actually not enough to take to small claims court, but it may have to come to that. What should I do? Are there labor laws in the State of Alabama that will protect me enough to pursue this legally?
1 Answer from Attorneys
Re: Dispute over unpaid wages
If people like your boss wouldn't violate the law, I'd be out of a job!
This is quite typical of many employers in Alabama and need not be a small claim at all. It is a gross violation of the Fair Labor Standards Act - a federal law that protects your wages in this situation. Even a 2 week delay in payment of a check has been held to be a violation of this law. Damages are not much, $10.30/hour, but the kicker is that you get attorney fees automatically if you win. Thus attorneys like me love it when employers like yours are stupid enough to fail to pay.
So don't file a small claims! Get an attorney in your area to file a suit in federal court. I believe you are in South Alabama near mobile right? If so, call my good friend Pete Mackey - he's got a great firm, or if he's too busy call Chase Dearman (I can't give phone numbers but his email is: [email protected]). Tell him I sent you. If I am mistaken and you are new Birmingham, send me a quick email at [email protected]
Sterling L. DeRamus
Attorney at Law
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
