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Demotion as Constructive Discharge — denied overtime for 6 months

Started by help_me_dev_TX · Nov 5, 2024 · 1,057 views · 11 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
HM
help_me_dev_TX 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.

I have worked at this company for 9 years. My position is non-exempt and I do not have a written employment agreement beyond the standard offer letter.

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

AF
asking_for_friend_buyer_2024

NAL, but from what I've read, you should send a written demand. That said, definitely get a lawyer to look at the specifics.

FT
first_time_tenant_NC

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

TL
Mod_TermsLaw Moderator

I've handled similar cases. Here's my take on the legal issues.

This is a common situation and the law is fairly clear. Under the FLSA and state wage laws, compensable.

You should consult with a local attorney who handles these cases. Many offer free initial consultations.

NH
need_help_parent_2024

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

FF
frustrated_freelancer_2023

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

FT
first_time_employee_2025

Have you tried reaching out to your state's consumer protection office? They sometimes have free resources or mediation services.

TA
TenantRights_Advocate

I've dealt with this before.

The biggest mistake people make in this situation is hiring an attorney to send the initial letter. I'd recommend being patient with the process instead.

RE
RemoteWorker_EU

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

The biggest mistake people make in this situation is escalating to a supervisor/manager. I'd recommend following the formal complaint procedure instead.

AS
anon_student_advice

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

SB
SmallBizOwner_NYC

I've seen this play out several times in my field.

In my case, it took about 3-6 months to resolve. The key was having everything documented.

FS
frustrated_student_OH

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

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