Legal Question in Employment Law in Texas
Overtime pay from a National Mortgage Company
I have been terminated from my employer for violation of company policy and code of conduct. When I asked for this policy in writing, I was told it was being revised. I was given these instructions I was fired for in a company sponsored training, and on a management conference call where no less than 10 people were present. My questions are:
Do I have a potential case to sue for wrongful termination since I was trained incorrectly? Could I file against the company for the overtime that I worked, which when added up, could be a considerable amount of money? Thank you for you any help you can provide.
2 Answers from Attorneys
Re: Overtime pay from a National Mortgage Company
While I agree with Roger Evans' assessment that "wrongful termination" claims are unlikely, it is possible that your employer may have an aribitration provision that may be utilized in employment disputes. In that event, you could ask for arbitration and explain the inequity of being terminated for following company policies.
On the other hand, I am aware of at least 2 class action overtime cases against national mortgage companies. The mortgage industry often time requires employees to work in excess of 40 hours a week. In those situations, the employees should be paid time and a half of the regular rate. The problem in the mortgage industry is that loan officers, loan consultants, and processors are sometimes denied overtime pay or even minimum wage because they have been misclassified as exempt employees or independent contractors. Working in sales or on commission basis does not mean an individual is not entitled to overtime pay.
Re: Overtime pay from a National Mortgage Company
It is unlikely that you have a "wrongful termination" action. You could have an overtime pay claim, depending on whether you were exempt from overtime pay or not, and whether, among other things, you were involved in a particular type of training program.