Frequently Asked Questions
Call Attorney Deyoe and set up a no cost to you free consultation. If you are owed wages Attorney Deyoe will speak with you about how you may proceed with your claims. In most instances, you have the right to file with the United States Department of Labor and Training or your equivilent Stage agency.
In most instances, Attorney Deyoe will take wage and hour cases on a contingency fee basis, meaning that if she does not recover for you, she does not get paid.
In both Rhode Island and Massachusetts it is illegal to fire an employee for filing a wage claim. If you have filed a wage claim before coming to see attorney Deyoe and feel that you are being retaliated against for that claim, please call for an immediate appointment.
The short answer is yes and no. If you are working with incomplete documentation or no documentation and your employer is not paying you for all hours that you work or overtime, or paying you less that minimum wage, then you can be assured that your employer is aware that they are liable for tax evasion for those underpayments.
Believe it or not, it is the employer's obligation, in most instances, to ensure that your work hours are recorded and it is the employer's burden to prove that you did not work the hours you reasonably claim you worked. Lack of records makes claims harder, but nowhere near impossible.
You are entitled to your full wages for a two-year period prior to the day in which a lawsuit is filed. You may be entitled to three years of wages and/or overtime in some instances. It is imperative that you do not wait to precede with wage and hour claims. Each day that you wait to bring a claim is potentially money that you lose.
I think I am being misclassified as an independent contractor, but I am really an employee, what should I do?
You should call us. If you are in fact an employee you are entitled to all wages and wage payments as if you were an employee in most instances, and in Rhode Island, entitled to a penalty payment, and double damages.