Issue of trying to re-claim eligible backpay from employer

[danoleander]

Hello,
Recently went through about a 3 month review process to claim retro-pay for being 'on-call'. Employer started paying employees that were available after hours a daily "on-call" rate sometime early in 2009. Seems that many employees were not notified including myself. I didn't start claiming this until beginning of 2010 and recently thought I'd request retro-pay.

The company has denied the request, even after offering up emails responding to after hour issues. They state I have no official documentation that I was "on-call", even though I was the only employee in the area to service the companies contractual SLA with regional customers. I have tried to explain to them that it was clearly implied and therefore no documentation exists other than emails responding to issues after hours.

The amount is 1 hour per day of of being "on-call" which would be most of the year.
Is this worth filing a suit? If so, do I stand to jeopardize my job?

Appreciate any help or feedback

 

[army judge]

Hello,
Recently went through about a 3 month review process to claim retro-pay for being 'on-call'. Employer started paying employees that were available after hours a daily "on-call" rate sometime early in 2009. Seems that many employees were not notified including myself. I didn't start claiming this until beginning of 2010 and recently thought I'd request retro-pay.

The company has denied the request, even after offering up emails responding to after hour issues. They state I have no official documentation that I was "on-call", even though I was the only employee in the area to service the companies contractual SLA with regional customers. I have tried to explain to them that it was clearly implied and therefore no documentation exists other than emails responding to issues after hours.

The amount is 1 hour per day of of being "on-call" which would be most of the year.
Is this worth filing a suit? If so, do I stand to jeopardize my job?

Appreciate any help or feedback

You, and YOU alone can decide if a lawsuit is worth it.
From what you've reported, I can tell you that I don't see a prima facie case which you could pursue.
If you have written records, recording you servicing client needs (or building entry and exit records, proving you were at a certain location from "X" o'clock to "Y" o'clock), you might be able to convince your employer of your assertions without a protracted and acrimonious court battle.

If you persist in this claim (absent any written evidence or other proof), it might upset your employer.

If I had this decision to make, I'd cut my losses.
For the moment, you do have a job and income.
I'd let this go.

But, that's what I'd do.

You must make your own decision.

Just for further consideration, let's say that each hour was worth $30.
If you worked one hour a day for 200 days in one year.
In two years that amounts to about $12,000. (200 * 30 = 6,000 * 2 = 12,000)
I know you earn more than that in one year.

Are you willing to jeopardize your job for a mere $12,000?

I wouldn't be!!!!!

 

[cbg]

FYI, you are only due pay under the law, for the time you were actually working, or if you were significantly restricted by being on call. While "significantly restricted" varies by state, there is no state where you are due pay under the law simply for being on call. You have not indicated what, if any, your restrictions were but in most states (Peppermint may be able to say more about New Jersey) you would need to either stay right by the phone or respond in a very short time (think ten minutes) before the time is legally compensable. Not being about to travel, to drink alcohol, to go to a movie without a cell phone in your pocket, and so on are NOT considered to be significant restrictions.

You might want to keep all of the above in mind while making your decision.

 

[danoleander]

Gents,
First it is as restrictive as defined below in cbg's post.

Second, after reviewing the response from Army Judge... I am able to produce such records through the use of past email correspondences, (possibly with the addition of enter/exit records from customer locations). Unfortunately my employer doesn't want to be bothered with seeing them as they 'already made the decision'.
After reading your response; which is in more rational of a mindset then myself at the moment, I must admit that you make a very good point which seems to set my mind at ease...

I very much appreciate both of you taking the time to review my post.