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  1. #16
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    Apr 2018
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    I'm a field service tech. In the contract I hired in with, my travel was paid hourly door to door, even at over time rate if I'm 40+ hours. There were no issues for 2yrs, then a new director of operations was hired in. He decided to instate a new policy that 1 hour of travel would be deducted in pay each day. I did not sign any agreements or accept this new policy change. I was vocal about it and nothing changed. The new director of operations wanted to show his value to the owner of the company. I left the company shortly after, as did 4 of my coworkers (for the same reason).


  2. #17
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    May 2017
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    Your employer didn't deduct anything. They simply changed what they paid you for. And the way they changed it is in keeping with the US Department of Labor Wage & Hour Division regulations.

    From https://www.dol.gov/whd/opinion/FLSA...12_02_FLSA.pdf

    ...compensable worktime generally does not include time spent commuting between home and work, even when the employee works at different job sites. See 29 U.S.C. § 254(a); 29 C.F.R. § 785.35


  3. #18
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    Apr 2018
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    Despite having a signed contract that states I would be paid for travel?


  4. #19
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    May 2017
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    That depends on what the contract says and if it even rises to the level of a contract.

    But this is why the MI DOL wanted nothing to do with the case. Your employer didn't find a loophole. Neither the state or federal DOLs deal with contract disputes.


  5. #20
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    Apr 2018
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    11
    So back to my first question I had this morning. Do I need to file any paperwork or forms to get a civil hearing date set?


  6. #21
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    Apr 2018
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    Just received a phone call from plantif's lawyer. He said they would like to settle for a "very small amount". Other wise he said he would be filing a motion to have the case dismissed. How can the case be dismissed if it doesn't even have a hearing date yet?


  7. #22
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    Apr 2018
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    Sorry... meant defendants lawyer


  8. #23
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    Quote Originally Posted by jrider View Post
    Just received a phone call from defendant's lawyer. He said they would like to settle for a "very small amount". Other wise he said he would be filing a motion to have the case dismissed. How can the case be dismissed if it doesn't even have a hearing date yet?
    There are several things that can be grounds for a dismissal.


  9. #24
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    Apr 2018
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    That was not really helpful, but thanks?


  10. #25
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    May 2017
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    I understand but I can't read the other side's mind and anything we say would be a guess.

    Here is a list of some of the reasons from https://legaldictionary.net/motion-to-dismiss/

    Lack of Subject Matter Jurisdiction
    The court in which the lawsuit was filed does not have jurisdiction, or the authority, to rule on the matter at hand. For example, a suit requesting enforcement of a child support order cannot be heard in small claims court.

    Lack of Personal Jurisdiction
    The court does not have the authority to rule on matters that affect one or all of the parties. For example, if Bob is in a car accident in Florida, and the other party involved in the accident files a lawsuit in California, the court would not be able to hear the case.

    Improper Venue
    The court, or “venue,” in which the matter has been fined is the wrong court to hear the case. For example, Amanda’s accountant, Charlie, siphoned money out of her account for his personal use. Charlie is charged with the crime of embezzlement in criminal court. Amanda wants to sue Charlie for her financial losses, but the criminal court cannot hear that part of the case, as it is not the proper venue. Amanda must file a lawsuit in civil court for damages related to the crime.

    Failure to State a Claim for Which Relief Can be Granted
    If the plaintiff fails to provide sufficient facts to, if taken on face value as being true, indicate that the defendant violated a law, or caused harm or loss due to negligence, he has failed to state a claim for which relief can be granted. In other words, if the complaint does not clearly say what the defendant did wrong, the court cannot grant any form of relief, and so the case does not need to be heard. For example, there is a company policy that employees greet one another in a friendly manner at work. Joe files a lawsuit claiming that Bob failed to say hello in passing. Bob can file a Motion to Dismiss, as failing to greet another person is not illegal, therefore there is no claim for which relief can be granted.

    Insufficient Service of Process
    According to the law, a copy of the Summons and Complaint must be personally delivered to the defendant. This is referred to “service of process,” and may be done by a registered process server, the sheriff’s department, or a Constable. In most jurisdictions, service of process may also be accomplished by an individual over the age of majority, who is not involved in the case. Personally delivering the lawsuit to the defendant ensures he or she has been notified of the lawsuit, and has an opportunity to provide an answer to the complaint. A sworn, written statement of when, where, and how the documents were delivered must be filed with the court. In the event the defendant is not properly served, he or she can file a Motion to Dismiss based on insufficient service of process.

    Passing of Statute of Limitations
    Each state has a statute of limitations, which is a set timeframe in which a plaintiff has to file a lawsuit. The timeframes vary by the type of case, as well as by jurisdiction. In any case, if the statute of limitations timeframe has expired, the plaintiff no longer has grounds to sue the defendant.

    For example, if state law requires a plaintiff to bring a negligence case within two years of the date of the injury, and the plaintiff waits two years and two weeks, the defendant can file a Motion to Dismiss, asking the entire case be thrown out. If the court grants the motion, the plaintiff cannot be granted relief on the matter.


  11. #26
    Join Date
    May 2004
    Posts
    77,332
    Quote Originally Posted by jrider View Post
    Just received a phone call from plantif's lawyer. He said they would like to settle for a "very small amount". Other wise he said he would be filing a motion to have the case dismissed. How can the case be dismissed if it doesn't even have a hearing date yet?
    Right now that is most likely a scare tactic. If they had any kind of strong grounds for a dismissal they wouldn't be offering any settlement at all. They are hoping to scare you into settling for a very small amount. How much did they offer?


  12. #27
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    May 2017
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    People offer settlements to make non-issues go away all the time. That lawyer is going to cost the employer a lot more than $3000 to go argue this in court.


  13. #28
    Join Date
    Jan 2007
    Location
    Michigan
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    30,179
    Quote Originally Posted by jrider View Post
    Just received a phone call from plantif's lawyer. He said they would like to settle for a "very small amount". Other wise he said he would be filing a motion to have the case dismissed. How can the case be dismissed if it doesn't even have a hearing date yet?
    If the defendant has offered to settle, it can be to your benefit to negotiate a settlement. You do not have to accept any settlement amount you do not feel is fair but, in going to court, you risk losing your suit.


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