West Palm Beach, Boca Raton Overtime Lawyer Helps Get People Paid
The West Palm Beach employer refused to provide the employee with a copy of the background report.
Loren Law Group sued the employer under the Fair Labor Standards Act for the unpaid wages and under the Fair Credit Reporting Act (FCRA) for taking an adverse employment action (i.e. firing) against the employee without giving him a copy of the background check report and for failing to give the required notice letters required under the law.
The employer was sued for actual and punitive damages because the employer negligently or knowingly violated the law by not providing the employee with the federally require notice letters advising him that he was being fired based on what is called a consumer report. The employer claimed it was unaware that it could not refuse to hire, fire or demote and employee or rescind a job offer to a new applicant for employment unless it provided the notice letters and a copy of the credit report (background check) which it relied in part or in whole in making the adverse employment decision.
$8,500 – Case Settled in 2 Months
Employee Worked as a Cook for a Boca Raton Restaurant that had Both Sit-Down Dining And Take-Out Business
The take-out business was incorporated as a separate company. Employee regularly worked in excess of 40 hours per week, but was not paid at overtime rates for his overtime hours. Instead, employee would be paid his first 40 hours per week on one check from the sit down restaurant and all of his overtime hours would be paid on a separate check at straight time rates from the take-out business.
Loren Law Group filed suit against the Boca Raton restaurant.
Unbeknownst to the employer the employer was not allowed to fire an employee even if the employee lied on his application if the reason for rejecting the employee was based on information obtained from the consumer report (background check).
$12,000 – Case Settled in 2 Months