My girlfriend is an hourly employee for a company. She is a dispatcher for a trucking company, She works well over 40 hours a week because she has to bring work home with her. She gets calls at all times of the night for the company. Plus she has to take the phones for calls to the office every weekend. She does not get paid overtime or paid at all for her weekend time when she is working. She went to the vice president of the company asking to be paid for her time worked and he threatened to fire her if she didnt like it or turned her phone off on the weekends to avoid the calls. Can you advise what steps we need to take?
1 Answer from Attorneys
First, create a paper trail of this. Your friend can send a letter to the company stating her position and her understanding of the company's position. Also document the potential retaliation by the vice president in response to your friend raising the overtime pay issue. Make sure these issues are documented through letters, emails, summaries of conversations written right after the conversation, etc. This step is the best thing you can do at this point.
You would have several legal claims to possibly bring. Choosing what claims to bring and where to file would then be decided. At these junctures, its best to have an attorney to navigate these waters.
If you wish to discuss further at no cost to you, feel free to contact me.
Simon W. Johnson
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