Employment Law FAQ
Answers you can trust from our attorneys
Not sure if you have an employment law case in West Virginia? Learn more about your legal rights. Find the answers below to some of the most common frequently asked questions about employment law. Then talk to an attorney at Klie Law Offices familiar with handling such complex cases. We're here to help you when you need us most. Simply contact us today and schedule your free case evaluation.
What is your question?
- What should I do if my employer does not pay me overtime?
- Can my employer legally ask me to work extra hours without extra pay?
- What's the difference between salaried and hourly employee?
- What's the difference between an exempt and non-exempt employee?
- What happens if I violate a non-compete agreement in West Virginia?
- Who handles employment law complaints in West Virginia?
- Is there a deadline for filing an employment law complaint in West Virginia?
- Who investigates employment law complaints in West Virginia?
- Who decides the outcome of West Virginia employment law complaints?
- How much is my employment law case worth?
- What can I be compensated for if I take legal action against my employer?
- Why should I hire a lawyer to handle my employment law case?
What should I do if my employer does not pay me overtime?
Contact our law firm right away. We can help you take strong legal action to rectify this situation. Also, make sure to keep track of exactly how many hours you work each week. Having a detailed log can make a big difference when it comes to obtaining the money you rightfully deserve for your work.
Can my employer legally ask me to work extra hours without extra pay?
Only if you meet the criteria to be consider an exempt employee, which most people don’t. It depends on what type of worker you are classified as at your company - and whether you are properly classified under the law. Some workers are eligible to receive overtime pay, but others are not. We can meet with you and let you know if your job qualifies you for overtime pay or if you can (and should) legally refuse to work extra hours without being reprimanded.
What's the difference between salaried and hourly employee?
There many differences between these two types of workers. But the biggest difference is hourly employees are eligible for overtime pay. Salaried employees may or may not be eligible for overtime, depending on whether they are exempt or non-exempt (see below). Many other differences exist. And they can have a dramatic impact on the outcome of your employment law complaint.
What's the difference between an exempt and non-exempt employee?
Exempt and non-exempt employee classification generally refers to whether the overtime protections in the Fair Labor Standards Act (FLSA) applies to them. Salaried employees are often (but not always) exempt from the FLSA, which means they are paid the same amount for each work they week regardless of the number of hours. This is based on job duties; it’s not just something the employer can decide. In contrast, hourly employees are non-exempt, which means the FLSA applies to them and they are eligible for overtime.
What happens if I violate a non-compete agreement in West Virginia?
The answer to this question often turns out to be much more complicated than many people might expect. In general, if you decide to take another job with the competition and violate a non-compete agreement you signed with your previous employer, you could find yourself embroiled in a complicated legal battle. But there's also a limit to the restrictions your previous employer can place on you. That's why it's critical to talk to an attorney as soon as possible if you are being accused of violating a non-compete agreement in West Virginia.
Who handles employment law complaints in West Virginia?
Several different offices often handle such complaints. Depending on which type of complaint you have, you may need to file a complaint with Equal Employment Opportunity Commission (EEOC), U.S. Department of Labor, U.S. Department of Justice or the Wage and Hour Section of the West Virginia Division of Labor.
Is there a deadline for filing an employment law complaint in West Virginia?
Timelines vary depending on what type of employment law complaint you have in West Virginia. Workers only have two years to file a complaint in most cases. But this deadline, known as the "statute of limitations," can vary. And even if you have up to two years or more to take legal action, it's always better to act sooner. Evidence often becomes harder to obtain the longer you wait.
Who investigates employment law complaints in West Virginia?
Depending on the nature of your complaint, several different state and federal agencies often handle such investigations. These include:
- West Virginia Division of Labor (wage complaints, overtime complaints)
- West Virginia Human Rights Commission (discrimination complaints) or
- Equal Employment Opportunity Commission (EEOC)
Who decides the outcome of West Virginia employment law complaints?
Officials at various state or federal agencies often decide the outcome of your complaint. However, if you file a lawsuit against your employer for your employment law violation, a local, state or federal judge could decide the outcome of your case. Our attorneys can help you review all your legal options and decide which approach works best for you.
How much is my employment law case worth?
There's no set dollar amount for such cases. Often, many people we work with simply want to receive the financial compensation they deserved in the first place for the work they did for their company. Other times, such cases can be worth thousands or millions of dollars depending on the specific circumstances. That's why it's important to talk with an attorney at our law firm as soon as possible about your potential case.
What can I be compensated for if I take legal action against my employer?
There are many different items you may be eligible for financial compensation depending on the circumstances of your employment law case. This includes:
- Unpaid overtime
- Medical bills (if you were out on extended medical leave)
- Childcare expenses and other costs you've accumulated due to your employer's actions
- Penalties for employer violating state and/or federal labor laws
Why should I hire a lawyer to handle my employment law case?
Employment law cases can be very complicated. And since the stakes are often so high, it's critical that you have an experienced attorney on your side who fully understands West Virginia's labor laws. That's why we want to meet with you right away. We know how the legal system works. We know what strategies can be effective. And we know how to build strong legal cases.
Depending on the circumstances of your case, we can negotiate with your employer on your behalf. Other times, filing a lawsuit against your employer and taking your battle to court might be the best approach. In either case, you can count on us to fight for justice for you. Contact our law firm today and schedule your free case evaluation.