Should I accept a wage and hour division offer to accept back wages or sue on my own?

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Should I accept a wage and hour division offer to accept back wages or sue on my own?

I had worked over 50 hours for a company for over a year, ending last year. I complained to WHD when I did not receive any money. Today WHD investigator called and said the employer denies the allegation and alleges that I worked only 10 hours per week. The investigator however determined I worked around 40 hours. The investigator offered to settle the dispute with the employer and assured it will be somewhere between 10-40 hours. Or else I can sue on my own. What should I do? I understand the statute is only 2 years so I’m not sure as investigation took almost a year.

Asked on March 28, 2017 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You should probably take the settlement. Say that it is the average number (25 hours per week): you will be essentially guaranteed to get that amount; you'll get it soon; and you'll get it without having to pay legal fees or court costs. If you sue, maybe you'll get more--but you don't know for sure; litigation is never certain (don't trust any lawyer who tells you it is), so might also get the same amount or even less than is offered in settlement, depending on what the proof or evidence shows and any legal issues which might impair your recovery of compensation (e.g. statute of limitations; issues about the quality or reliability of evidence; etc.). And if  you sued, even if you ended up getting more, it could cost you money (lawyer fees; court costs) and could take over a year to get the money. Settling this now, for a sum certain, is likely better than the cost, delay and uncertainty of litigation.


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