Mistakes to Avoid in a Wage and Hour Violation Case

Your employer is required to pay you for the hours you work, including overtime. When they do not, you can pursue legal action against them. These claims could replace the wages you lost and possibly include additional “double” damages. 

You could be entitled to compensation when your employer withholds some of your earnings or forces you to work off the clock. Securing a settlement may be possible if you follow the right steps and seek assistance from a knowledgeable wage and hour attorney. Keep reading to learn about the most important mistakes to avoid in a wage and hour violation case.

Failing to Review Employment Manuals and Agreements

The laws of each state differ regarding the wages a person earns and the hours they work. There are also federal statutes to consider. However, there are some situations where the terms of your employment contract or company handbook might impact legal protections. 

Having a clear understanding of the details of these documents is helpful. While this information is important, the law prevents employees from waiving many of their rights related to their right to pursue wage violation cases. 

An attorney can review the terms of an employment agreement before providing insight into how they might impact a case’s outcome. While contracts are binding, they do not always give employers the right to take advantage of those who work for them. 

Delaying Action on Your Claim

Another common mistake to avoid in wage and hour violation cases is the failure to proceed in a timely manner. The more time passes after a violation, the harder it can be to hold an employer accountable. The most important reason to avoid a delay is the statute of limitations, which is the formal deadline that applies to these cases. A case filed under FLSA has a two-year statute of limitations and sometimes three years, if a willful violation can be proven.

Acting Without an Attorney

A worker does not have to hire an attorney to pursue a claim, but that does not make it a good idea. Employers generally have their own attorneys, who can use their experience to bully and take unfair advantage of anyone handling a case without help. 

Workers often think they cannot afford to hire an attorney, but they do not realize that most wage and hour attorneys handle failure to pay overtime cases on a contingent fee basis. This means that a worker has no up front out-of-pocket cost, and there is no fee unless a recovery is obtained. 

A lawyer can help by negotiating a possible settlement. Often, companies will reach an agreement to provide back pay out of fear that a trial verdict could be for far more money. Legal counsel can lead these negotiations and provide insight into whether the offer is worth accepting.

Support from an attorney is most important in the courtroom. Trials are governed by complex rules of evidence, and a minor misstep could prevent a worker from making the strongest case possible. Moving forward without representation is one of the major mistakes to avoid in a wage and hour violation case.

Learn More About Avoiding Mistakes in Wage and Hour Violation Suits

These are only some of the important mistakes to avoid in a wage and hour violation case. While many factors can complicate a lawsuit, having the support of an experienced attorney can improve your chances of success. Start your free and confidential case review today to learn more.