Employee AND Volunteer

[kismetique]

D8D - not a problem, I see it as a major infraction as well. Problem is...TSA is aware of the situation and yes the ramp DOES serve commercial airlines. It's crazy. The whole thing is crazy to me!

Suzie - In Valerio v. Putnam Associates Inc., No. 981399 (1st Cir. April 9, 1999) the courts held that an employer may not retaliate against an employee who files internal FLSA complaints. From what I can tell this is a fairly frequently cited case for such an issue. My internal grievance clearly quoted FLSA statues, therefore, I believe I had placed myself in a protected status prior to them coercing my resignation. Hence, the reason for the question as far as getting an attorney to file the retaliation charges. If these jokers would just communicate with me, I would be more than cooperative. I certainly do not want to litgate anything (provided I even have a case!) however, I'm not willing to walk away from over $10K in back pay not to mention liquidated damages - probably more if they are found to have actually retaliated against me.

I know I cannot sue after the Labor Board has investigated the case, so I want to do it right. This situation has gone from wild to extremely bizarre. Everything except the hours worked is documented and has been provided to the employer. The only draw back is a lack of documentation of actual hours worked off the clock. However, there are many products to show for the time (ads, t-shirt designs, huge website, brochures, etc.) I have no idea how much time I actually spent on these products, but have estimated very low. I could go back and find the time/date stamps on files and 'connect the dots' so to speak to substantiate the work - however, my supervisor was aware of the work, directed the work to some degree, communicated with me about the work via my personal email account, and then reprimanded me (which is what started all this to begin with!).

I really didn't want to quit (great job with fantastic pay!), but was forced - unsafe working conditions, unmanageable schedule, and unqualified for assigned duties. I just couldn't put myself in that vulnerable of a situation - not with them seeming to be retaliating against me. I didn't know what they might try to throw at me while I was working in that position. The building houses over $4 million in UNINSURED assets - what if something major happened to the contents while I was the only paid staff on site. Just wasn't something I wanted to chance.

I was just curious if I should get an attorney for the retaliation or just file it all with DOL and see what they did with it. Thanks for everyone's input.

 

[SuzieWahoozie]

Answer

I'm not sure how to advise you. I guess you have to weigh your options...maybe speak to an attorney first to see if you even have a case. Or try your luck at the DOL. I suspect your biggest obstacle in both cases - attorney and the DOL - is lack of documentation to support your hours. I realize you can "connect the dots" as you say, but that doesn't show that those things were each specifically mandated by the employer, unless you have e-mail communication about every dot you intend to connect. This is going to be largely a "he said/she said" case, as the museum could always claim they didn't direct you to work all those hours or do all those things.

However, it is also possible that a mere letter from an atorney or a mere request for information from the DOL may make them decide that paying up is better than potential litigation. That happens often with private employers, but a government entity can be quite different. Private employers aren't dealing with taxpayer money!

 

[kismetique]

Suzie - thanks for your input! It's always nice to get another side to the problem. Also, thank you for being kind and patient with me.

One more question please - I've been reading and see where sometimes a State Labor Department can sometimes be tougher on the employer than the DOL. Should I file with the state (Texas) agency prior to filing with DOL or is it best to file DOL first?

Thanks for the tip about connecting all the dots. I can do that - it will take time, but I have a ton of documentation as far as directing the work, knowing it was happening as well as most of the work is currently being utilized within the business. It all had to come from somewhere!!! LOL

 

[SuzieWahoozie]

Dol

Unfortunately, I am not located in TX, so I don't know how tough they are compared to the Federal DOL, but common sense tells me, if nothing else, their workload is probably lighter and you'll get results more quickly. I'd start with the state DOL first, you can always go to the Federal DOL at a later time.

You may just get lucky - sometimes a friendly "letter" from the DOL (state OR federal) is enough to shake the ER up enough to cough up what's owed. In your case, since we are also dealing with taxpayer dollars, they are more likely to want to settle the whole thing and get it over with than to drag it out - the legal fees will probably cost more than they owe you. Also, it isn't going to look good for them if this gets on the 6 o'clock news!

 

[kismetique]

Thank You!

Suzie - just wanted to say thank you again for your help and input!