Private members-only forum

Demotion as Constructive Discharge - denied overtime for 6 months

Started by AccountantSteve_25 · Jun 4, 2024 · 1,057 views · 2 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
AC
AccountantSteve_25 OP

Looking for advice on a legal issue. Here's what happened.

denied overtime for 6 months. I've been dealing with this for about 2 weeks now and the situation isn't improving imo.

Am I overthinking this or is this a real legal issue worth pursuing?

CD
case_dismissed_69_12

Not a lawyer, but I have direct experience with this.

What trips people up most is escalating to a supervisor/manager. I'd recommend following the formal complaint procedure instead.

IT
is_this_even_legal_7

Former operations manager here -- I was on the employer side of an overtime dispute and want to share that perspective because it helps employees understand how these cases are evaluated internally.

When an employee claims they were denied overtime for six months, the company legal department immediately looks at three things: (1) whether the employee was correctly classified as exempt or non-exempt, (2) whether time records support the claim, and (3) what the supervisor knew and when. If the classification was wrong, the company is usually in serious trouble regardless of intent.

One practical note: if you are currently still employed and experiencing these issues, file an internal complaint through HR before resigning. This creates a record and triggers the employer obligation to investigate. If they fail to address the issue or retaliate, it strengthens your case enormously. An employment attorney can advise on the best sequence of steps for your specific situation -- many offer free initial consultations for overtime and retaliation claims.