What is the name of your state? Oklahoma
I am working with my state DOL and working on getting back pay 2400 hours of back wages for computer work i did off the clock for a company. I just started filing and DOL already is saying that I have won (based on the 2000 pages of computer code evidence). The company has violated several labor laws and will be fined 10k per violation, if I go to court. DOL claims that the company is lucky that I didn't file in federal court because the fines are much higher. DOL states I have a solid case and and is planning on awarding me double backpay (45k backpay + 45K penalties). DOL claims that the company will more than likely settle out of court in order to aviod the fines for the violations. DOL claims that I can not recover my material costs (5K), attorney fees (3K), or any punitive damages for harassment when I first was filing my claim.
Here is my questions if any one has any answers-
What are the "penalties" for that DOL is awarding me, interest on the backpay? Can I still take the company to civil court or or to recover my loses and for damages after I win the backpay in DOL court? If the company settles out of court can I ask for my extra costs and damages then? How will income tax be handled if I win in DOL court? Will I have to pay taxes if the company settles out of court? Is there any way to aviod income tax on the winnings, such as investing in an IRA? Can I still file in Federal court instead of my state DOL? And If I can ask for more than 90K in the settlement, how do I know what to ask for? (reasonalbe I believe that I could ask 200K being that the company will try to aviod the fines and can't afford a judgement from a jury civil trail after I win in DOL court)
I originally post my case on 12-24-04, looking for a discrimination suit. I thank everyone who gave me advice because my case is really looking good.
Thanx, Cybermind
I am working with my state DOL and working on getting back pay 2400 hours of back wages for computer work i did off the clock for a company. I just started filing and DOL already is saying that I have won (based on the 2000 pages of computer code evidence). The company has violated several labor laws and will be fined 10k per violation, if I go to court. DOL claims that the company is lucky that I didn't file in federal court because the fines are much higher. DOL states I have a solid case and and is planning on awarding me double backpay (45k backpay + 45K penalties). DOL claims that the company will more than likely settle out of court in order to aviod the fines for the violations. DOL claims that I can not recover my material costs (5K), attorney fees (3K), or any punitive damages for harassment when I first was filing my claim.
Here is my questions if any one has any answers-
What are the "penalties" for that DOL is awarding me, interest on the backpay? Can I still take the company to civil court or or to recover my loses and for damages after I win the backpay in DOL court? If the company settles out of court can I ask for my extra costs and damages then? How will income tax be handled if I win in DOL court? Will I have to pay taxes if the company settles out of court? Is there any way to aviod income tax on the winnings, such as investing in an IRA? Can I still file in Federal court instead of my state DOL? And If I can ask for more than 90K in the settlement, how do I know what to ask for? (reasonalbe I believe that I could ask 200K being that the company will try to aviod the fines and can't afford a judgement from a jury civil trail after I win in DOL court)
I originally post my case on 12-24-04, looking for a discrimination suit. I thank everyone who gave me advice because my case is really looking good.
Thanx, Cybermind
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