What are your Wage Rights regarding Notice and pay in lieu?

Getting paid fairly for your hard work and hours is your right, which is determined by law. Even if you are leaving the job, you still have some wage related rights that you should know about. Usually, employees serve a predetermined notice period before leaving their jobs with the consent of employers. For this period, workers are entitled to get a certain amount known as notice pay.

It is essential for employer to notify workers regarding their termination. A proper notification should be provided at least sixty days in advance. It is necessary that employees serve this period (60 days) before they are relieved from job. Laws in America protect workers from sudden termination and loss of wages. Rules make it necessary for companies to provide prior notice to their staff in case of termination or if company is in loss or any other situation.

However, it is necessary for you to know that according to law not all employees have the right to get a prior notification. Law covers several industries and companies regarding notification for termination. Furthermore, law does not recognize the pay in lieu aspect in any industry.

However, in some cases, both employees and employers agree to be relived from job before the notice period ends. What are the employees’ wage rights in these circumstances? Are they eligible for any pay?

A clause regarding this matter should be added in your contract with employer. If there is a clause in your contract regarding notice and pay in lieu, then you are entitled for the predetermined payments.

In these situations, boss has to make a payment to employee for that certain period, which will not be served with the consent of both parties. It is known as the pay in lieu.

Your right to get paid for the un-served notice period (in consent with employer) is solely based on your employment contract. If there are proper clauses, then you are entitled for fair payments. On the other hand, you may have to serve the predetermined period with proper wages. If employer fails to provide proper notice, it is considered a clear violation of law. In this situation, you must contact an unpaid wages attorney to get professional legal advice. According to law, you are entitled to get back payments and benefits for the violation of law.

Why there is a need to hire an experienced overtime lawyer?

Employers cheating their employees on their pay is a common problem today. The employers take advantage of their employees and their position and make them work some extra hours while paying less or no money for the extra work. In this case, an employee can consult an experienced FLSA overtime lawyer to claim their rights.

Some of the common problems faced by employee include-

• Paying less than the desired or state minimum wage
• Taking a tip credit, but not sharing the tips with the management
• Improper and useless deduction from wages
• No overtime pay
• Not paying the desired pay
• Extending the work hours without paying for extra time
• Not paying for the work done after shift or during breaks

However, if you are a victim of any aforementioned situations, it is always beneficial to seek help from any experienced lawyer. An experienced lawyer will help you by providing all the information about your labor rights and labor laws. Following are some of the situations where hiring an accomplished lawyer can be helpful-

• Overtime- If your employer refuses to pay for hours over 40, then the employer must have an exemption to the labor code, which can be quite complicated. There are a number of situations where consulting an experienced lawyer can be very helpful. You can speak to the lawyer and find out about your overtime rights.
• Wages- If the your employer makes you work for some extra time or makes you conduct some activities such as seminars etc that are actually for the benefit of the employer, then it is the duty of the employer to pay you for the work you have done. It is your right to be paid for all the extra work that you do.
• Improper deduction- If the employer deducts unnecessarily from your pay, then you must consult a professional attorney in your area. Legal help in this situation can save you from any improper deduction from your salary.

Therefore, if you are a victim of wage theft, you should immediately consult with an experienced attorney or a labor lawyer in your area.