I am currently working in Connecticut, and my previous Employer is based in Elicott, Maryland. My previous employer delayed and missed my monthly salary, and never paid for overtime. I had sent multiple emails asking for the missed pay and received no replies to my repeated emails. He only promised orally on phone.
When the employer deliberately missed out pay for April month and raised next month (May) paycheck, I was tired of his antics and resigned from my position with a week notice. The original employment letter mentioned that I need to give a two week notice, as the pay was not regular and there was cheating I had to leave to a different employer.
He promised over phone to pay my dues when I resigned on July 22nd, and its more than 3 months and I haven't received the same. What are my options? I have proofs from my paychecks to prove that he missed out a month of pay and didn't pay for the 22 days in June. I would like to know what options I have under Maryland employment laws and Federal laws.
You may want to consult an attorney who practices in Maryland - sometimes state wage collection laws are more favorable than the federal law. And that could be important in your case because you've mentioned both unpaid wages and non-payment of overtime.
The federal Fair Labor Standards Act (FLSA) only covers payment of the federal minimum wage and payment of overtime wages. Some states, like Connecticut, have their own state laws that would allow you to seek payment of wages that were promised even if they are greater than minimum wage.
If you have a claim under both Maryland law - for your regular unpaid wages - and under federal law - for overtime wages - that would allow you to proceed with your claims in federal court. Since you are in Connecticut, that might be important, since you could initiate your claim in federal district court in Connecticut and, depending on your claims, you might be able to keep the case in Connecticut, so that you don't have to deal with traveling to Maryland to litigate.
In any event, it's important for you to consult with an attorney who has experience with cases involving both kinds of claims.
I agree with Attorney Goselin. At the time you were working for this Maryland employer, were you living in Maryland and working exclusively in Maryland or were you living in Connecticut at the time and working for the Maryland employer on the employer's behalf, providing services for that employer in the state of Connecticut? This may also impact on what your rights might be.
Best of Luck,
William J. Lasko is an experienced New York, Connecticut and Washington, D. C., licensed attorney who focuses his practice primarily on employment law, personal injury and estate matters. Mr. Lasko, has been in practice for more than 23 years, represents clients throughout New York, Connecticut and Washington, D. C.. More information is available at www.laskolaw.net. This response is for general informational purposes and does not constitute legal advice. Additionally, this response does not create an attorney client relationship.
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