Should I sue before I terminate employment?

I am a QMA for home health care and they have been cheating me for 3 years now, They say they don’t have to pay time and half for any hours over 40. They owe me a 2 week check for over a $1000 and said I cashed it and I have proven it’s not my signature, still waiting 2 months later. They revise handbooks when they feel they need to for their benefits. I and others feel they are going to get it for fraud. I have spent 3 years here and am out of answers

Asked on September 7, 2012 under Employment Labor Law, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written, it apepars that there are statute of limitations issues as to potential causes of action that you may have against your employer that are running given the fact that you reference a period of three (3) years being at where you are presently employed.

Given the statute of limitations issues as to your matter, I suggest that you immediately consult with an attorney that practices in the area of employment law and file suit as soon as possible without you waiting to end your employment where you are presently employed.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.