Off topic: to sue or not to sue my employer
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Thread Starter
Join Date: Nov 2008
Posts: 6,784
Off topic: to sue or not to sue my employer
So I overworked a total of 160 extra hours last month. My car crash was directly related to my exhaustion since I had been working without resting and since 11 PM Fri until 6 PM Sat when I crashed.
I know a lawyer that is willing to review my contract. I have records that show I warned my team leaders. I have all my emails that show I worked for 24 hours straight most of the time and also weekends.
Now when I am back of course everyone is even asking how I am feeling, etc. I just saw the HR director and I am thinking: my work has value and I have gone through a lot just because THEY don't want to hire more people. I really dislike the way I act infront of the HR director. Its like I feel she is superior or doing me a favor. UGH. A few others (that are known codies) tell me I will just make HR, my team lead and people hate me and my own job miserable, if I sue.
I am thinking perhaps I just go ahead make a copy of my contract, pass it along to this lawyer (she has also taken cases for Bill Gates!) and see what she thinks. Just thinking that makes me nervous.
Then after I get money they owe me I would imagine they won't give me so much work anymore huh...
And now as a good codie I believe I am to blame for accepting the work and not complaining everyday to my boss. He talked to me one day before the accident and told me some actions that will prevent me overworking in the future. Of course that does not take away all the month I worked for free. And if I sue perhaps I am given less opportunities at work. But they can't fire me. And anyway they are sending OTHER people to training, etc so its not that I am losing something. Then again if I leave maybe I need a recommendation and my boss won't give it to me......
Ugh.
Thanks for letting me vent about this off topic issue...
I know a lawyer that is willing to review my contract. I have records that show I warned my team leaders. I have all my emails that show I worked for 24 hours straight most of the time and also weekends.
Now when I am back of course everyone is even asking how I am feeling, etc. I just saw the HR director and I am thinking: my work has value and I have gone through a lot just because THEY don't want to hire more people. I really dislike the way I act infront of the HR director. Its like I feel she is superior or doing me a favor. UGH. A few others (that are known codies) tell me I will just make HR, my team lead and people hate me and my own job miserable, if I sue.
I am thinking perhaps I just go ahead make a copy of my contract, pass it along to this lawyer (she has also taken cases for Bill Gates!) and see what she thinks. Just thinking that makes me nervous.
Then after I get money they owe me I would imagine they won't give me so much work anymore huh...
And now as a good codie I believe I am to blame for accepting the work and not complaining everyday to my boss. He talked to me one day before the accident and told me some actions that will prevent me overworking in the future. Of course that does not take away all the month I worked for free. And if I sue perhaps I am given less opportunities at work. But they can't fire me. And anyway they are sending OTHER people to training, etc so its not that I am losing something. Then again if I leave maybe I need a recommendation and my boss won't give it to me......
Ugh.
Thanks for letting me vent about this off topic issue...
Rising from the Ashes
Join Date: Nov 2010
Location: Republic of Texas
Posts: 451
Well...... 
TakingCharge999,
My opinion is you already have your solution......Talk to the attorney! I'm assuming the attorney is taking your case on a contingent basis. Do you have union representation?
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TakingCharge999,My opinion is you already have your solution......Talk to the attorney! I'm assuming the attorney is taking your case on a contingent basis. Do you have union representation?
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Member
Join Date: Feb 2009
Posts: 2,059
i wouldn't sue. i would take steps to work 8 hours a day and leave the workplace. what's done is done, learn from it, tc. no need to cause hard feelings or to burn bridges. you will need recommendations from these people when you move on.
when i worked in the corporate world, there were people who took pulbic transportation to work. they left on the dot to meet their bus. i always thought they were smart to have such an excuse. n
when i worked in the corporate world, there were people who took pulbic transportation to work. they left on the dot to meet their bus. i always thought they were smart to have such an excuse. n
get it, give it, grow in it
Join Date: May 2007
Location: Calif coast
Posts: 3,167
You had an accident.
Explain how your employer is responsible ?
Were you on company business when the accident occurred ?
Did you incur medical expenses beyond what your insur. compensates ?
It seems they are responsible for is to pay you for the hours you worked.
Make sure this is an agreement. Don't work beyond the hours you're paid for
if this causes problems.
Explain how your employer is responsible ?
Were you on company business when the accident occurred ?
Did you incur medical expenses beyond what your insur. compensates ?
It seems they are responsible for is to pay you for the hours you worked.
Make sure this is an agreement. Don't work beyond the hours you're paid for
if this causes problems.
RIP Sweet Suki
Join Date: Apr 2008
Location: In my sanctuary, my home
Posts: 39,849
I don't think I'd sue either. They may not be able to legally fire you, but they can make your life so miserable that you'll eventually quit. I think I'd start seriously looking for another job. Not only will it get you out of there, it's much easier to get a job if you already have a job.
Member
Join Date: Sep 2008
Location: Wizard Land Downunder
Posts: 2,615
If you do the time, then you should be paid for it. If you take on work that requires any overtime to complete it, then you should be compensated for that extra time. You are not a charitable organization doing their work for free.
Tell the HR manager, that you had this accident because you were overtired, due to too much working long hours and that you will not be doing it anymore.
If someone can get free work out of you, by heck they will milk it for all they can.
You need to take more care of yourself my girl. Time to live up to your name and really Take Charge of your work time and lessen the stress.
Tell the HR manager, that you had this accident because you were overtired, due to too much working long hours and that you will not be doing it anymore.
If someone can get free work out of you, by heck they will milk it for all they can.
You need to take more care of yourself my girl. Time to live up to your name and really Take Charge of your work time and lessen the stress.
Member
Join Date: Feb 2008
Posts: 902
Disclaimer: Before I go on, this is not intended as legal advice, but my personal opinion only.
I think your reasoning that your employer is responsible for your accident is tenuous at best. You are a big girl. If you were fatigued, you could have called a cab, friend or taken public transportation home. Sorry, but a case against your employer (which would not be allowed in the States) is a waste of your time and energy. Also, litigation can get pretty hideous. A good defense attorney would eat your claim for breakfast spit it back up in your face. Also, your personal life could be exposed as a result, especially if you claim mental trauma. Here, they allow access to your records with your therapist. Money just would not be worth it to me.
I think your reasoning that your employer is responsible for your accident is tenuous at best. You are a big girl. If you were fatigued, you could have called a cab, friend or taken public transportation home. Sorry, but a case against your employer (which would not be allowed in the States) is a waste of your time and energy. Also, litigation can get pretty hideous. A good defense attorney would eat your claim for breakfast spit it back up in your face. Also, your personal life could be exposed as a result, especially if you claim mental trauma. Here, they allow access to your records with your therapist. Money just would not be worth it to me.
Guest
Join Date: May 2008
Posts: 1,049
I agree with NYC chick. I don't know how it works where you live, but where I come from it's unheard of anyone suing their place of employment and expecting to continue working there. Also, it is normally expected that one would not be asking for a reference. I assume the company you work for is large enough to have a legal department who are paid to deal with these matters in house and it would cost you a fortune.
If I am too tired, I take a taxi plain and simple. Ask for the money you are owed but if you are a salaried employee I doubt that will happen. That said, I don't know how it works in your part of the globe.
TC, if you are so unhappy, why don't you look for another job?
If I am too tired, I take a taxi plain and simple. Ask for the money you are owed but if you are a salaried employee I doubt that will happen. That said, I don't know how it works in your part of the globe.
TC, if you are so unhappy, why don't you look for another job?
Member
Join Date: Feb 2009
Posts: 2,059
i don't think tc was going to sue regarding the accident. i think she was going to sue for upaid hours worked.
tc, i agree with the advice above to speak to HR and explain you need to scale back your hours because you are exhausted. you could reference the accident as why you have come to this decision.
when i worked for a large corporation and was salaried, they wouldn't pay overtime, but sometimes they would give us comp days to make up for hours worked. i think that would be reasonable to request.
and i agree also, perhaps time to look for a new job that appreciates you. that would also ease up the pressure on you with xABF.
i think that there is a lesson in all of this for you, as a codie, we tend to let people take advantage of us and we give, give, give. this would apply to the workplace also.
why not float a CV around and see if there is something else offered to you? you have choices here!
naive
tc, i agree with the advice above to speak to HR and explain you need to scale back your hours because you are exhausted. you could reference the accident as why you have come to this decision.
when i worked for a large corporation and was salaried, they wouldn't pay overtime, but sometimes they would give us comp days to make up for hours worked. i think that would be reasonable to request.
and i agree also, perhaps time to look for a new job that appreciates you. that would also ease up the pressure on you with xABF.
i think that there is a lesson in all of this for you, as a codie, we tend to let people take advantage of us and we give, give, give. this would apply to the workplace also.
why not float a CV around and see if there is something else offered to you? you have choices here!
naive
Member
Join Date: Feb 2008
Posts: 902
Naive: she said her car accident was directly related to being exhausted from working too many hours over normal. She said 160 hours. In the interest of providing insight into my opinion, I do defense work here. I see frivolous cases all the time. I see lots of cases where people take no responsibility for their own actions too. The litigation costs associated with these cases are huge. Yes, I have a job because of it, but ultimately things cost more because the company just passes litigation costs to the consumer.
part time member
Join Date: Oct 2009
Location: Michigan
Posts: 2,910
I would suggest trying to get comp time also if they would do that. Some employers just can't pay you more. And try saying NO to all those extra hours without compensation. I don't think a lawyer is what you really want. You want to be valued and not used. Good Luck.
Rising from the Ashes
Join Date: Nov 2010
Location: Republic of Texas
Posts: 451
TakingCharge999's legal rights are covered directly under United States Code TITLE 29 CHAPTER 8—FAIR LABOR STANDARDS.
Anytime you work more than 40 hours in a workweek you are to receive overtime pay. Overtime pay is one and one-half times your regular hourly rate of pay, although special exceptions apply with respect to certain professions and positions, such as police officers, managers, and hospital / nursing home employees. The employer can be subject to both federal and state overtime laws because some states have passed overtime laws in addition to federal law.
In certain situations, employees can legally be paid less then time-and-a-half for overtime hours. If an employee who is eligible for overtime receives commission as part of his compensation, his overtime pay only needs to include one-half the hourly amount he receives for commission (though his base pay, if he receives any, should still be paid at time-and-a-half).
If you have been unlawfully denied overtime or the minimum wage, you may file suit in either state or federal court. If she wins the lawsuit her employer is obligated to pay all the court costs and her costs for the lawsuit.
If your employer unlawfully withheld some of your overtime pay, chances are the company has done this to other employees as well. You can bring suit on behalf of other non-exempt employees at the same company, past and present, in a class action suit. However, for this type of class action, other employees must agree to be plaintiffs in a written form that will be filed with the court. This is a common and cost-effective way to deal with overtime violations, which in some companies may have been carried out on a large scale.
Once you have proven that you worked some hours that were not properly compensated, your employer is obligated to provide records of the exact amount of time that you worked. If your employer failed to keep complete or accurate records of your hours or pay, the courts may award damages using an estimate based on information from you.
It is illegal for your employer to retaliate against you or terminate you for speaking up and filing a lawsuit in order to collect your minimum wage and overtime.
Reference:
29 U.S.C. 216(b).
29 U.S.C. 255(a). Id.
See 29 U.S.C. 216(b). Id.
See Secretary v. DeSisto, 929 F.2d 789, 792 (1 st Cir. 1991); Brumbelow v. Quality Mills Incorp., 462 F.2D 1324, 1326 (5 th Cir. 1972); Wirt v. Mississippi Publisher’s Corp., 364 F.2d 603 (5 th Cir. 1966); Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680, 66 S.Ct. 1187 (1946); Reich v. Stewart, 121 F.2d 400, 400-406 (8th Cir. 1997); Reich v. Southern New England Telecommunications Corp., 121 F.3d 58, 66-67 (2nd Cir. 1997);
Marshall v. Mamma’s Fried Chicken, Inc. 590 F.2d 598 (5 th Cir. 1979).
TakingCharge999 lawsuit concerning her car accident, "So I overworked a total of 160 extra hours last month. My car crash was directly related to my exhaustion since I had been working without resting and since 11 PM Fri until 6 PM Sat when I crashed." This is considered a tort case and as a matter of fact. She has the legal grounds for a lawsuit.
Once again I recommend that she speaks with her attorney!
Anytime you work more than 40 hours in a workweek you are to receive overtime pay. Overtime pay is one and one-half times your regular hourly rate of pay, although special exceptions apply with respect to certain professions and positions, such as police officers, managers, and hospital / nursing home employees. The employer can be subject to both federal and state overtime laws because some states have passed overtime laws in addition to federal law.
In certain situations, employees can legally be paid less then time-and-a-half for overtime hours. If an employee who is eligible for overtime receives commission as part of his compensation, his overtime pay only needs to include one-half the hourly amount he receives for commission (though his base pay, if he receives any, should still be paid at time-and-a-half).
If you have been unlawfully denied overtime or the minimum wage, you may file suit in either state or federal court. If she wins the lawsuit her employer is obligated to pay all the court costs and her costs for the lawsuit.
If your employer unlawfully withheld some of your overtime pay, chances are the company has done this to other employees as well. You can bring suit on behalf of other non-exempt employees at the same company, past and present, in a class action suit. However, for this type of class action, other employees must agree to be plaintiffs in a written form that will be filed with the court. This is a common and cost-effective way to deal with overtime violations, which in some companies may have been carried out on a large scale.
Once you have proven that you worked some hours that were not properly compensated, your employer is obligated to provide records of the exact amount of time that you worked. If your employer failed to keep complete or accurate records of your hours or pay, the courts may award damages using an estimate based on information from you.
It is illegal for your employer to retaliate against you or terminate you for speaking up and filing a lawsuit in order to collect your minimum wage and overtime.
Reference:
29 U.S.C. 216(b).
29 U.S.C. 255(a). Id.
See 29 U.S.C. 216(b). Id.
See Secretary v. DeSisto, 929 F.2d 789, 792 (1 st Cir. 1991); Brumbelow v. Quality Mills Incorp., 462 F.2D 1324, 1326 (5 th Cir. 1972); Wirt v. Mississippi Publisher’s Corp., 364 F.2d 603 (5 th Cir. 1966); Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680, 66 S.Ct. 1187 (1946); Reich v. Stewart, 121 F.2d 400, 400-406 (8th Cir. 1997); Reich v. Southern New England Telecommunications Corp., 121 F.3d 58, 66-67 (2nd Cir. 1997);
Marshall v. Mamma’s Fried Chicken, Inc. 590 F.2d 598 (5 th Cir. 1979).
TakingCharge999 lawsuit concerning her car accident, "So I overworked a total of 160 extra hours last month. My car crash was directly related to my exhaustion since I had been working without resting and since 11 PM Fri until 6 PM Sat when I crashed." This is considered a tort case and as a matter of fact. She has the legal grounds for a lawsuit.
Once again I recommend that she speaks with her attorney!
Member
Join Date: Feb 2008
Location: Kansas
Posts: 10,182
Originally Posted by Phoenixthebird 
TakingCharge999's legal rights are covered directly under United States Code TITLE 29 CHAPTER 8—FAIR LABOR STANDARDS.
Member
Join Date: Feb 2009
Posts: 2,064
I also think it would be detrimental emotionally financially to sue. It seems something could be worked out in regards to pay without involving attorneys. I know that for anyone that has sued a workplace it's made them persona non gratis there and unless that's your goal I would try a diplomatic approach without suing. If it's a big company they can drag it out and have the money to drag it out. I don't know you'd gain much but a headache and loss of a job.
A jug fills drop by drop
Thread Starter
Join Date: Nov 2008
Posts: 6,784
LOL thanks a lot. I appreciate everyone's responses!
I just came back to the office this week and have been approached by other 3 coworkers. They have had car accidents too and work for the same demanding account. Accidents are bound to happen when you have your team exhausted, plain and simple.
Anyway RE the accident I am not worried as we get insurance and I have been paid for the weeks I have been absent and didn't pay a dime for the medical services etc. Its the unpaid extra hours and the ones that may come later that trouble me.... sigh... anyway I will talk to the lawyer, no harm done and its one thing to know the options and decide- and a different thing to just shut up and assume I have no rights at all!
I LOVE my job and am willing to move on without any action... I had a really LONG conversation with my manager in US and it seems some steps are being taken such as hiring other 2 people so I can share my workload with them... too bad only when these things happen they take our concerns seriously...
Today I am so happy I can move my knee completely once again!
I'll let you know how it goes with the lawyer, and I will do whatever gives me more peace
I also know some lawyers are out to see what THEY get and are not going to be coming here 8 hours everyday to feel the stress/bad vibes etc, so we'll see....
Thanks all for your different perspectives and experience !
I just came back to the office this week and have been approached by other 3 coworkers. They have had car accidents too and work for the same demanding account. Accidents are bound to happen when you have your team exhausted, plain and simple.
Anyway RE the accident I am not worried as we get insurance and I have been paid for the weeks I have been absent and didn't pay a dime for the medical services etc. Its the unpaid extra hours and the ones that may come later that trouble me.... sigh... anyway I will talk to the lawyer, no harm done and its one thing to know the options and decide- and a different thing to just shut up and assume I have no rights at all!
I LOVE my job and am willing to move on without any action... I had a really LONG conversation with my manager in US and it seems some steps are being taken such as hiring other 2 people so I can share my workload with them... too bad only when these things happen they take our concerns seriously...
Today I am so happy I can move my knee completely once again!
I'll let you know how it goes with the lawyer, and I will do whatever gives me more peace
I also know some lawyers are out to see what THEY get and are not going to be coming here 8 hours everyday to feel the stress/bad vibes etc, so we'll see....Thanks all for your different perspectives and experience !
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