What to do regardinga wage claim if my employer insists that the matter is coveredunder an employment agreement that I never saw?

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What to do regardinga wage claim if my employer insists that the matter is coveredunder an employment agreement that I never saw?

I have filed a wage claim with DOL against my employer for not paying my last paycheck. In response to that claim my employer is saying that I entered into an employment agreement and I should have worked for 1 year before leaving the job. However, I have never seen any contract document or anything related to that. The employment application I submitted to employer and the offer letter sent to me does not talk about any stipulated period of compulsory employment. How can I challenge my employers claims? How important is this claim, by my employer, towards the determination of wages claim?

Asked on December 25, 2010 under Employment Labor Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are going to have to take this one step at a time.  If you have copies of all the documents that you signed and you claim that none of them mention an agreed upon time period then your employer will have to show proof of the agreement.  You are claiming that all your negotiations have been in writing - application and written offer - so you will state that his assertion has to be in writing in order to be valid here.  If he states that it was an oral agreement then he will have to prove it.  You are going to have to refute his claim and wait until a  determination is made.  If it is in your favor then I am sure that your employer will appeal.  If it is in his favor then you will appeal. And you may need to consult an employment attorney.  Good luck. 


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