When I was laid off, I signed a contract saying I could not sue for any reason. Now they're breaking the law. Can I sue?
Or put another way: Does labor law trump any contract? The day I was laid off, they threw in an extra pay period if I signed a two page waiver, stating "employee agrees not to start, join, or cause to be started a lawsuit or any action arising from any alleged unlawful conduct"...Here's their sin: The day I was laid off, they owed me five paychecks. They still owe me four.
Employees laid off must be paid in full within 24 hours in my state. It's been 30 days. Can I start the filing process with the department of labor, or have I waived that right?
Asked by Anonymous 32 months ago Similar questions: laid signed contract sue reason breaking law Politics & Law > Law.
Similar questions: laid signed contract sue reason breaking law.
No contract trumps state law. (Didn't you see the movie "Liar Liar"? ) If they have broken state labor law by not paying you your wages, they have broken the law.
Their piddly "contract" means nothing up against the laws of the state they are operating in. The stinkin' managers were hoping to have it both ways. Don't let them..
1 This would be a matter for a lawyer experienced in these matters. There are way too many variables here. You should never have signed a paper, or anything else, saying you wouldn't sue them.
This paper might or might not hold up in court, but it does give them something to use against you. Now, a few questions. Do you have in writing that they owe you five paychecks?
Why were they so behind in paying you? You can, of course, still file, but I would talk to a lawyer first. BTW- the catch might be in the fact that you were "laid off" rather than fired.
Don't know what state you are in, but I think that the amount of time an employer has to give you a last check is based on if you were fired, not laid off. However, 30 days is too long, in either case. You really need to talk to an expert in these matters.It might be as easy as calling your old employer and telling them if you don't get paid immediately, you will be filing a charge with the Dept.
Of Labor.
This would be a matter for a lawyer experienced in these matters. There are way too many variables here. You should never have signed a paper, or anything else, saying you wouldn't sue them.
This paper might or might not hold up in court, but it does give them something to use against you. Now, a few questions. Do you have in writing that they owe you five paychecks?
Why were they so behind in paying you? You can, of course, still file, but I would talk to a lawyer first. BTW- the catch might be in the fact that you were "laid off" rather than fired.
Don't know what state you are in, but I think that the amount of time an employer has to give you a last check is based on if you were fired, not laid off. However, 30 days is too long, in either case. You really need to talk to an expert in these matters.It might be as easy as calling your old employer and telling them if you don't get paid immediately, you will be filing a charge with the Dept.
Of Labor.
2 The waiver states "employee agrees not to start, join, or cause to be started a lawsuit or any action arising from any *alleged* unlawful conduct"...It seems to me that the conduct is not just *alleged* to be unlawful, it is in fact unlawful. A good lawyer can get you out of this.
The waiver states "employee agrees not to start, join, or cause to be started a lawsuit or any action arising from any *alleged* unlawful conduct"...It seems to me that the conduct is not just *alleged* to be unlawful, it is in fact unlawful. A good lawyer can get you out of this.
3 They owe you 4 pay periods. If you do nothing you lose them. If you do something and they prevail you should only lose the one pay period you received for signing.
Don't bother contacting them; just contact the Dept of Labor. The worst case would be they tell you they can do nothing; but the best case is you get paid for everything without hiring a lawyer. This user has been banned from Askville.
3 They owe you 4 pay periods. If you do nothing you lose them. If you do something and they prevail you should only lose the one pay period you received for signing.
Don't bother contacting them; just contact the Dept of Labor. The worst case would be they tell you they can do nothing; but the best case is you get paid for everything without hiring a lawyer.
They owe you 4 pay periods. If you do nothing you lose them. If you do something and they prevail you should only lose the one pay period you received for signing.
Don't bother contacting them; just contact the Dept of Labor. The worst case would be they tell you they can do nothing; but the best case is you get paid for everything without hiring a lawyer.
4 In Canada, the Labor Board is pretty much separate from the Courts of Law. If you file a grievance against an employer; have very good proof that they do indeed owe you the monies; list everything that you have done to get your money from them; all this goes through the Labor Board. If your former employer is found to have done something wrong, they will notify the employer.
On the other hand, if they lose and don't pay, then the Labor Board can take them to the Supreme Court to get the money. It takes a lot of proof i.e.. hours worked, pay stubs, bank statements if it was direct deposit, proof you are at the same address, etc. I mention the address part as it is a frequent excuse--well, we sent him/her the money and Record of Employment, but they moved around so much since working here we have been unable to locate this person.
In Canada, the Labor Board is pretty much separate from the Courts of Law. If you file a grievance against an employer; have very good proof that they do indeed owe you the monies; list everything that you have done to get your money from them; all this goes through the Labor Board. If your former employer is found to have done something wrong, they will notify the employer.
On the other hand, if they lose and don't pay, then the Labor Board can take them to the Supreme Court to get the money. It takes a lot of proof i.e.. hours worked, pay stubs, bank statements if it was direct deposit, proof you are at the same address, etc. I mention the address part as it is a frequent excuse--well, we sent him/her the money and Record of Employment, but they moved around so much since working here we have been unable to locate this person.
" "On 07/30/1965 LBJ signed the Medicare program into law.It was a fight to push it through. Deja vu all over again? " "when did it become a law" "Was I In The Right When I Laid Down The Law To My Daughter's Friend's Mom?" "It's very likely that ENDA will be passed in the next week or so and signed into law by the president.
My son in law won't let my 3yr grandson cry - my grandson is very smart and holds it in - his little heart is breaking.
Can we sue ex son in law for money he owes us if the divorce settlement said he did not have to pay us.
On 07/30/1965 LBJ signed the Medicare program into law. It was a fight to push it through. Deja vu all over again?
It's very likely that ENDA will be passed in the next week or so and signed into law by the president.
I cant really gove you an answer,but what I can give you is a way to a solution, that is you have to find the anglde that you relate to or peaks your interest. A good paper is one that people get drawn into because it reaches them ln some way.As for me WW11 to me, I think of the holocaust and the effect it had on the survivors, their families and those who stood by and did nothing until it was too late.