Thinking of suing - thoughts?

[Anonymous]

How many of you have managers that TELL you to work at night? Every time I spoke with my manager or he rode with me he would tell me that I HAD to work at night (enter calls, study, get ready for the next day...) If I am organized, which I am, shouldn't I be able to get all of my work done in a 40 hour week, and if I CHOOSE to work extra hours, that is on me? LabCorp can't make me work more than 40 hours legally, can they? I know that I would have to prove this, but what do you think, should I file a lawsuit?

 

[Anonymous]

You should get out of sales. Now!

How many of you have managers that TELL you to work at night? Every time I spoke with my manager or he rode with me he would tell me that I HAD to work at night (enter calls, study, get ready for the next day...) If I am organized, which I am, shouldn't I be able to get all of my work done in a 40 hour week, and if I CHOOSE to work extra hours, that is on me? LabCorp can't make me work more than 40 hours legally, can they? I know that I would have to prove this, but what do you think, should I file a lawsuit?

 

[Anonymous]

conversely if you can get all you work done and sell the hell out of your plan in 20 hrs a week you could tell him/her to F-Off. yep sales is a funny beast isn't it

 

[Anonymous]

I hope you do file a lawsuit, stupid.

 

[Anonymous]

Whether you can sue or not and whether you have a leg to stand on depends on the state you work in.

Assuming you do not punch a clock,
Most states consider you "professional' and you can be worked as long as they want you to work.

Even if you punch a clock, most states just require you to be given a break every so many hours, like 10 min and a meal break every so many hours, like 6.

and pay you overtime pay past 40 hours/week.

Beyond that, you can be "required" to work as they see fit

So check the laws in your state, or ask a lawyer for the regs.

 

[Anonymous]

Above poster is correct. If you are a salary employee you can be asked to work more than 40 hrs. If you go see a lawyer with what you proposed they will take your $500 and tell you to find another job. You would never win that type of lawsuit.

Most suits brought against employers are from terminated employees. They may sue for money, revenge, vindication or all of the above. The only way to win a suit against an employer is if they violated legally protected employee rights. For example, discrimination is always one that is frequently brought against employers. Also, as the previous poster mentioned it depends on state law as well.

How an employee is treated before and after termination does play a role in if they will file a lawsuit. If the company has a "do as they see fit" mentality and does not respect the employee or harasses them they can be assured a lawsuit is heading their way. Employment law is complex and difficult to navigate through. Many states favor the employer.