Garcia-Martin & Martin, P.C.

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(281) 277-3066

Garcia-Martin & Martin, P.C.

Whether or not you can sue for overtime wages after you have been fired is not a straightforward answer. If you worked 50 hours a week and were not getting overtime, then you would be entitled to compensation for that time. However, if you claimed that you were working at home, during your lunch break, or after hours and you never told your bosses about that and never complained about not being paid, then it would be much more difficult for you to make such a claim.

Can I Consider My Drive Time To And From Work As Overtime?

For the vast majority of employees, the time it takes to drive to and from work is not considered work time. However, there are some rare situations where it might be considered work time and thus entitle an employee to compensation.

If I Take Action Against My Employer For Wage Violations, What Might I Expect To Recover?

If an employee is successful in their wage violation claim, there are a couple of different components of damages that are recoverable. The first is the back wage claim, which means that the employee would be entitled to receive anything they were owed and did not receive. In addition, they would be entitled to receive liquidated damages, which is basically a doubling of the amount that they were owed. For example, if an employee is owed $1,000, they would be entitled to receive another $1,000 on top of that as liquidated damages. Many lawyers work in this field because there is an attorney’s fee component along with any cost associated with the case, such as the filing of the lawsuit, depositions, and other reasonable costs that the lawyer can justify. These are the typical damages that are associated with an overtime claim.

My Employer Makes Me Work Before I Clock In And After I Clock Out. What Can I Do About It?

You should definitely be compensated for work that your employer makes you do before clocking in or after clocking out, and there certainly could be a claim for not paying wages as a result of that. Whether that time would be considered overtime would depend on how many hours you work per week.

Does My Employer Have To Pay Me Time And A Half For Holidays?

In Texas, an employer does not have to provide time-and-a-half pay for holidays. Federal law likewise does not provide for this.

If A Holiday Falls On a Work Week and You Work The Whole Week, Don’t You Have To Be Paid Overtime?

If you do not work on a holiday that falls on a workday, then it will be considered regular pay. For example, if a holiday falls on a workday and you work 35 hours for the remainder of the workweek, you might receive eight additional hours for the holiday. This would result in a weekly total of 43 hours, but you would not be entitled to overtime for those additional three hours. At least, this is the outcome in Texas.

For more information on Suing Your Job For Overtime Wages In Texas, a case evaluation is your next best step. Get the information and legal answers you are seeking by calling (281) 277-3066 today.

Garcia-Martin & Martin, P.C.

Call For A Case Evaluation
(281) 277-3066