Need to know Oklahoma law on employer not paying employee?
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Need to know Oklahoma law on employer not paying employee?
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My husband started work as a mechanic for an Auto Shop; he pulled in 55 hours in one week and worked about the same amount hours the next week. That following week his boss was so happy with his work he was talking a pay raise. The very next day after the pay raise conversation he fired him and three other employees because the boss didn’t have the funds to continue to pay them. Now that my husband is unemployed and waiting for his checks, the boss won’t give him but a quarter of the amount that was worked in his final week of work. What are the laws on how we can get this guy to pay up?? What is supposed to be said to him and what exactly should my husband do?
Additional Details
That’s the sad part, my husband wrote down all hours on a time sheet and handed it in to boss. The problem is he messed and changed the hours to what he thought was the best, and now he’s making excuses like the job my husband did was not sufficient. For example: my husband re-wired and light problem and listened to the radio after fixing it (double checked everything). Then the boss said that after he fixed the light problem the radio won’t work so he won’t pay up because it caused more problems. We know it’s a lie, so he can just cheat my husband out of pay. A lawyer is helping us out Monday. Thanks for all your answers.
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toetagme
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This is the official web site for Oklahoma. You can file a complaint on line. This is against both state and federal law. They are required to pay time and 1/2 for all hours over 40 worked in one week so make sure he keeps track of his hours and has them written down.
http://www.ok.gov/1350/1487/ |
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michr
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the employer has until the regularly scheduled pay-day for the last pay-period that an employee works rather they quit or are fired. until that time there is nothing you can do. after that time you can file a wage claim AND SHOULD but if the employer has no money........... "can't get blood out of a turnip".
the same is true about small claims court, no money means no money and a judgement does not help you pay the bills.
hopefully the employer will work something out and perhaps pay over a few weeks, some money is better then nothing. good luck and hopefully things will work out for you.
Source(s)
Office of Labor Commissioner Lloyd L. Fields
Oklahoma Department of Labor
Employment Standards Division, Wage & Hour Unit
www.labor.ok.gov
Labor Department’s Wage & Hour
Frequently Asked Questions
www.state.ok.us/~okdol/wh/WHFA... |
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danny14551
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Did your husband have a time card--that will be your proof he worked those hours. If it was a come/go when ever type of job it will be hard proving what hours he actually worked. You should contact your labor board and file a complaint they will work to help you. |
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Shane
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Contact your states Department of Labor Wage & Hour Division at 1-866-4USWAGE (1-866-487-9243) Monday-Friday 8 a.m. to 5 p.m.
You state he does not have the funds to pay. In the event he still has not paid after DOL has become involved you will have to take him to small claims court and do not forget to also include all court expenses in your claim which will be granted. |
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