COVID Employee Alert

Katherine Thomas — Sat, 04 Jul 2020 10:18:00 +0000

Ron Poliquin, DoverLawOffice.com,

This is a COVID employee alert on unpaid wages and overtime. There has been an uptick, extreme uptick, in the number of unpaid wage claims since the pandemic. There are many employers out there who are closed for various reasons, who are expecting employees to go weeks and sometimes months without pay and using the pandemic as an excuse.

This is not only wrong; it is illegal, and employees have remedies to solve these problems. Employees should not be expected to work without pay or work beyond 40-hours a week without getting paid overtime pay. The government has put in place many programs for businesses such as the Paycheck Protection Program to help employers get through this trying time. That does not mean that employees need to be sacrificing their pay for employers.

Another thing that has happened is that employers are asking employees to switch from salary to hourly. Now the whole point of going from hourly to salary is that you don’t have to work 40-hours a week. You are basically paid for your time and they are not keeping hours. But, because of the pandemic there are some employers who are asking or unilaterally switching employees pay from salary to hourly, so be careful of that. Don’t be a sucker, don’t let emotions, don’t let employers manipulate you.

There are many employees who are sacrificing their pay, their time with their family because they believe that they owe some loyalty to these employers or their boss. It is great to have loyalty but one of the principles of this country is that you should get paid for what you do and paid for your work. So, make sure you are getting paid if you have any issues you come see me, Ron Poliquin DoverLawOffice.com, or see an otherwise qualified employment attorney and make sure you assert your rights. Be you own best advocate.

Thank you!

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Charge of Discrimination

Ron Poliquin — Tue, 23 Oct 2018 16:14:10 +0000

Employment Attorney Ron Poliquin talks about filing a charge of discrimination to dismiss a federal or state employee in Delaware.

Charge of Discrimination

I'm here to talk about this statute of limitations regarding filing a charge of discrimination to bring a federal or a state employment case. In Delaware, and I'm going to say in any part of the country, as a precursor or prerequisite for bringing a statute based on this lawsuit, based on discrimination, you must file a charge of discrimination with the EEOC (equal employment opportunity commission) or the Department of Labor.

Now, when do you have to bring that charge? Usually it is within 300 days of the date of the Discriminatory Act. So, within 300 days, just think about that, that's less than a year. In other words, there are other statute of limitations out there. Breach of contract is 3-years. Statute of limitations means how long do you have to bring a claim. If you do not bring it within that time frame you're basically screwed. You cannot bring the claim, SOL can mean something else other than statute of limitations.

Breach of contract claims are 3 years, personal injury claims are 2 years, civil rights violations are 2 years. Employment discrimination claims? You must bring that claim within 300 days; less than a year. That's why it's so important for you to see an employment lawyer right away if you think you have some type of claim. Know what your rights are. Know that if you do not bring a charge of discrimination within that 300 days, you could lose those rights forever.

Very strict time limitations, there's a very strict procedure. That is one of the reasons why you probably want to see an employment discrimination attorney or employment lawyer. 300 days with a charge of discrimination. You must bring it to the Department of Labor or the equal employment opportunity commission. They also do dual charges meaning they will have a dual charge by both the EEOC and the Department of Labor. You don't have to have two charges of discrimination.

A little insight on how fast you must bring a claim of charge of discrimination before you lose it. It's Ron Poliquin here, your employment lawyer at DoverLawOffice.com.

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COVID Employee Alert

Charge of Discrimination

Charge of Discrimination