Q) Yes, I was “forced” to leave a job because of not getting payed. Every wk i was having to call my boss and inform him my check, was once, AGAIN, wrong and I was not paid the correct amount. My bills were not getting taking care of because of never having the correct amount of payment for my work. This was “every” of my employment. The day I walked off the job,I was still owed over $700 dollars for that week ALONE. Can I draw my unemployment because of this?
A) Usually you are not eligible for unemployment insurance benefits during a period you have worked and not got paid by your employer.
Listed below are measures you can peruse for Back Pay
(1) The Wage and Hour Division may supervise payment of back wages.
(2) The Secretary of Labor may bring suit for back wages and an equal amount as liquidated damages.
(3) An employee may file a private suit for back pay and an equal amount as liquidated damages, plus attorney’s fees and court costs.
(4) The Secretary of Labor may obtain an injunction to restrain any person from violating the FLSA, including the unlawful withholding of proper minimum wage and overtime pay.
An employee may not bring suit under the FLSA if he or she has been paid back wages under the supervision of the Wage and Hour Division or if the Secretary of Labor has already filed suit to recover the wages.
Generally, a two-year statute of limitations applies to the recovery of back pay. In the case of willful violations, a three-year statute of limitations applies.
Back wages also are available for underpayments to employees under the Davis-Bacon and Related Acts and the Service Contract Act, among other laws enforced and administered by the Wage and Hour Division.