Home > Research Legal Advice > Employment / Labor > What Happens If the NYSDOL Dismisses A Complaint?
Asked 3 months ago - New York, NY
FlagI found out that a former employer had misclassified me as exempt when I was not. I filed a complaint with the NYSDOL for overtime and I waited. This week, over 2 years later, a DOL supervisor called to say my case was being dismissed because I was a "Highly Compensated" employee. I said, "But I do not fit that exemption because I did not earn $100K." Then she said, "You signed a "general release" when you took severance so we will dismiss because of that." I said "Isn't the agreement unenforceable because an employee cannot sign away rights to overtime?" Annoyed she shouted, "Look, the DOL does not have to take every case, okay?" So my complaint is dismissed because the DOL doesn't feel like doing their job. Can I still file a complaint in court?
You need to sit down with an experienced employment attorney immediately. The down side is that if an employment attorney is able to pursue this for you, you will likely end up giving them 33%, however the bright side is that unlike that DOL worker, the employment attorney will be motivated to pursue your claims!
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