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  1. #1

    Default Suing Former Employer for Time Worked Off the Clock

    My question involves employment and labor law for the state of: Arizona

    Hi I live in Arizona, and I worked for an employer who told us that we were not to work past our scheduled shift, but that we were also not to leave work unfinished as we were involved in shipping and things were time sensitive, so we were encouraged to work off the clock to get things finished on time. From the time I started till the day I was terminated I worked at least 1 hr each day off the clock with some days as much as 10 hrs off the clock. I worked roughly 130 hrs off the clock. I have filed a small claims case and have had difficulty serving them the paperwork as he is the statutory agent, and he does not live in az which is a violation of az law, the statutory agent must live in az and be available during business hrs. The complaint was served but I cannot get the subpoena for the records he has that support my case that prove several of the days I worked off the clock, those records are transactions I did off the clock as well as my time sheet that show I was off the clock when they were processed. I know that under flsa laws they allow for a good faith estimate, but how am I to justify 130 hrs off the clock without records to show I worked them?

    Another problem I have is when I was hired I was told that I was on probation for 3 months and as such I would not be put on payroll till after probation was over. During the probation I was payed differently every pay day, sometimes cash, personal check, sometimes they would physically deposit money to my account, the problem is they took taxes out each time, but when I got my w2 it said that taxes withheld was 0 for everything.

    After I was terminated I sent him an email telling him not to withhold anything from the final paycheck4 days before he cut the check, so that I could afford my rent. I know he read the email too. The final paycheck was short $250 he told me the paycheck was cut on the same day as my email, but the check had a date 4 days after the email, meaning he lied just to screw me.

    My court case is suing for the time worked off the clock, the money withheld for taxes that were never paid and for the damage caused by his withholding the money from my last paycheck which he was asked not too.

    So my question would be how to I prove the hrs worked off the clock? Am I right to sue for the damage caused by his withholding money from my final pay? And am I right to sue for the money he withheld for taxes but never paid to the its? And finally what's my best way to structure my argument?

    Ty for any help.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,521

    Default Re: Suing Former Employer for Time Worked Off the Clock, and Other Issues

    Why did you file with small claims instead of filing a wage claim with the state?

  3. #3

    Default Re: Suing Former Employer for Time Worked Off the Clock, and Other Issues

    What are the benefits of each, from what I understand it takes much longer.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Suing Former Employer for Time Worked Off the Clock, and Other Issues

    Well, for one thing, when you file with the state, you don't have to prove what hours you worked; your employer has to prove that you didn't work the hours you say you worked.

  5. #5
    Join Date
    Mar 2012
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    1,360

    Default Re: Suing Former Employer for Time Worked Off the Clock, and Other Issues

    In AZ, the best reason to go the small claims route is because you get triple damages. If you go through the labor department, you're lucky to get what you're owed.

  6. #6

    Default Re: Suing Former Employer for Time Worked Off the Clock, and Other Issues

    OK, so doesn't the employer still have to prove that I didn't work those hours in small claims. The law specifically states that a good faith estimate of the hours worked off the clock is not only acceptable but normal. There was a period of 3 days that I worked off the clock printing 5000 copies, and hand collating them 10hrs each day off the clock just to land him an account worth 10's of thousands of dollars. I was leaving at 1am each day and I never even got a Ty.

    - - - Updated - - -

    One more question because he withheld the money from my final pay I got evicted, became homeless and was unable to take care of my diabetes properly. The hospital bills were in excess of $30,000. Would that be something I could sue for too or no?

  7. #7
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Suing Former Employer for Time Worked Off the Clock, and Other Issues

    $30,000 will exceed the small claims limit. Besides that, you have to mitigate damages. It'll be a real stretch to prove that the employer's failure to pay you $250 in a timely manner resulted in damages to such a degree.

    Even I find it hard to believe that you couldn't have taken a cash advance, overdraft protection, or even a payday/title loan for $250.

  8. #8

    Default Re: Suing Former Employer for Time Worked Off the Clock, and Other Issues

    Well you need a job for a payday loan, I use chase liquid so no cash advance or overdraft anything. I truly had no option I promise. Trust me going dka and spending a week in the icu is something I would have preferred not going through.

    - - - Updated - - -

    I was more thinking of bumping it from 5,000 to the 10,000 limit.

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Suing Former Employer for Time Worked Off the Clock, and Other Issues

    Quote Quoting Croger152003
    View Post
    I was more thinking of bumping it from 5,000 to the 10,000 limit.
    You have to be able to support your claim

    as to withholding pay from your last check; he was required by law to withhold the standard stuff; taxes, fica, etc. You are not going to win a claim for medical costs due to the withholding.

  10. #10

    Default Re: Suing Former Employer for Time Worked Off the Clock, and Other Issues

    OK so then how about my original questions. I didn't know it was triple in az I thought it was only double so that puts me at about $7,000. Also how do I prove any of this if I can't even have him served with a subpoena to produce the documents, with the documents I can't prove all the time off the clock cause most of the time I was packing customers shipments, but I would have enough proof to show a pattern of me working off the clock. And I would have proof of the 10 hr days off the clock.

    Would proof of his dishonesty on labor laws be enough to prove it or no?

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