I took my ex employer to small claims court to recover my paychecks for the full
month of March, the first week I worked in April, and for three days of work
that I worked on documentation from home after my separation date, per the
employee contract that I finish all outstanding documentation to get my final
paycheck. I had to get the department of labor and a lawyer involved, who told
me that since I was salaried, the contract was void under the FLSA.
The judge said that the contract was not void and was still valid. She counter
sued me for $15,000 in damages for breach of contract because the documents that
I had completed were not signed. I am waiting for the judgment in the mail. In
the event that I should have to pay her and not get my wages, what are my
options for getting paid? I feel like this would be a violation of FLSA, to not
get paid for 5 weeks of salaried work.
1 Answer from Attorneys
Generally, when you lose in Court (and exhaust appeals, if you choose) that is it. You are required to raise, or waive, any legal arguments you may have in the case.
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