Skip to main content

I have an overtime wage case filed an in process with representation of a lawyer..However, I just found out today and I ask your

Portchester, NY |

Advice here now only because my lawyer is not available until Monday hours. I've just spoken to a former coworker earlier today, which is part of our original overtime wage lawsuit consisting of (3 former employees) And I was told that the employer told the current employees that IF they choose to SIGN AND JOIN our class action lawsuit (with us the original 3 that filed suit) THAN..Supposedly he threatened the current employees telling them that he would close his company AND they would be out of a job. Also, he mentioned to them that they would only be entitled to a few hundred bucks anyways..(WHICH IS A LIE) They've worked there years and not once got time and half for overtime pay. Plus, hour every day unpaid on the clock and Penalties illegally deducted, etc. Is this not illegal?

From my knowledge, the other currently working employees have just recently recieved the class action papers in the mail and I just found out about his threats to the employees today which I will forward to my attorney.. SO, now I hear that the employees are afraid to sign and MOST LIKELY will not sign to join the class suit at all. I feel for them because they are mostly hard working immigrants that ,,In forethought, I can understand that they look at it in the long term..As in, (Am I going to join the suit and only get 400 bucks and risk losing my job OR not join it and KEEP my job and make more money in the long run than I would get in the suit as a one time deal). So what now, they don't join the suit..And they have no future say in their owed back wages..Can the owner/employer actually close his company , legally? Hoping you understand my questions?

+ Read More

Attorney answers 4


I don't see why this can't wait until Monday when you can speak with your lawyer. There could be a possible retribution claim.

The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


Nothing requires an employer to continue to operate his business. He is free to close it; however, if that is done in retaliation for union activity or to retaliate for wage claims that will ad a charge of retaliation to the lawsuit. The employer is simply digging a deeper hole. Your attorney will know how to handle the information.
Best of luck to you.

NO LEGAL ADVICE GIVEN. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship set forth in a written document executed by the client and by me or a member of my firm. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. My law firm does NOT provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your case. I can give advice, make recommendations and answer specific questions only after reviewing the evidence and documents applicable to a specific client and following a personal meeting in my office in which the relevant facts can be developed and analyzed. My law firm presently accepts cases involving State and federal administrative law; professional licenses and permits; education law; employment and labor law; and litigation matters in state and federal courts. Our practice is limited to the States of Oregon and California. If you have a case in any other state we would not be able to assist you. Unless we have a signed written fee agreement you are not my or my firm's client.


You need to report this to your lawyer.


Potential retribution claim, make sure the individuals who witnessed this behavior speak to your attorney as soon as possible.

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer