I am pursuing a lawsuit against my boss for back-pay in regards to overtime. I'd been working 53 hours a week for the past 5 1/2 years without being paid overtime. My salary had been $34,200. When I spoke to him about the lawsuit, he lowered my hours down to 40 and dropped my pay to $30,000. I enrolled in college this semester and when he found out, he said he has to hire someone new because of my schedule, even though I'm still going to be working the same 40 hours/week. Since he hired somebody else, he said he has to lower my pay to $10/hr to accommodate his payroll. Is this good enough reason to be able to collect unemployment if I quit? I live by myself and this isn't a livable wage and it's going to be a lot more difficult to search for a new job while going to school full-time and still having to work 40 hours/week. I live in New Jersey by the way. Thank you.
Answered on: 9/09/13, 4:45 pm by Roman Fichman Esq.
You may have some retaliatory causes of action to consider in addition to the over time cause of action. The further good news is that attorney fees may also be statutory (this means that your employer would pay your attorney's fee in the event you win), therefore I urge you to consult an attorney as soon as practicable.
Feel free to contact my office and I can recommend an employment law attorney who may be able to help you.
Roman R. Fichman, Esq.
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