Do company’s have to adhere to both verbal and signed/unsigned agreements?
I was ask by my customer to stay on the next project for support and then demanded something in writing I finally received an agreement. Which I agreed to it over the phone with the CEO and HR manager. 10 months later I still haven't been paid any of my monies. Which I’m into the tens of thousands.
Do I have a case to sue to get my money and breach of contract? Plus I will be filing a compliment with the department of labor for the company falsely altering my time card by removing time worked. My customer called my company saying I did work but they said they wouldn't pay me.
The company is in Tuscaloosa AL but I live in Atlanta Georgia
1 attorney answer
It sounds like you may have two potential claims. First, even a verbal agreement can be a contract. It sounds like there may be evidence of the agreement in your emails as you mentioned that someone would make excuses for not having it in writing yet. You should probably save those emails. Furthermore, it seems as though the agreement was put in writing when you stayed in for the next term of your job outside the US. Bring the emails and the agreement to an attorney to discuss your options.
Second, it appears you may have a Fair Labor Standards Act (FLSA) claim for the hours worked that you employer does not pay you. You could also be entitled to overtime pay at 1.5x your hourly rate if you exceeded 40 hours in a work week. Keep a journal and any timesheet recorders of the unpaid hours. Take this information and have a consultation with an attorney that handles FLSA claims.