When Time Payment Damages Is Available
TimePayment lawsuits occur when an employee fails to pay the employer in a timely manner. An employee can choose to institute this suit himself, through his attorney, or they can use a third-party dispute resolution service. In most instances, the latter are preferable as the service draws up an agreement with the employee. However, if the case proceeds to trial, the time payment is an element that can definitely be presented. Before a lawsuit is filed, there are a number of factors to consider to determine whether or not time payment is a wise option:
First, there is the question of whether or not an employee actually has an entitlement to compensation for being off work for a day.
Although it is unlikely that such a claim would survive a motion to dismiss, it is possible to file a claim for time payment even when you are away from the job. There are two main issues to consider here: first, whether the employer was aware of the problem; and second, whether or not the time payment was allowed in the first place. If time payment is indeed a viable option, then the employer must have known of it long before the lawsuit commenced.
In some cases, employers will provide their employees with a piece of paper that states that the employee is entitled to time off.
Often this is only a suggestion and may never become enforceable. Similarly, many compensation plans do not cover time off of a certain extent.
Another aspect to consider is whether or not your employment agreement or the terms of your employment are inadequate to allow you to pursue a case for timepayment.
While your state may have laws allowing time payments or reimbursement, these laws may be inadequate to allow time payments in light of the wide variety of possible claims. It may be easier to file a lawsuit under federal or state law once you have been injured and your case has grown in size.
It may also be more difficult to successfully pursue a timepayment lawsuit under the terms of your employment contract.
Many employers contractually restrict or prohibit timeouts, which makes it difficult to bring a case under those terms. Further, the restrictions may make it difficult to determine if your employment contract actually provides for timeoff. For example, if you are asking for time off to recover from an injury, there may be nothing preventing your employer from denying your request. On the other hand, if your employer provides for vacation days, sick leave, and paid holidays, you may still be able to bring a time Payment lawsuit.
A common complaint by those who seek damages for suffering due to being unable to earn wages because of a time payment issue is that their claim was not founded on a concrete injury or disease.
Although it is sometimes possible to hold an employer responsible for this type of harm, many employers will fight these claims on the grounds that time payments are not an appropriate remedy. However, if your injury has grown to the point that you are unable to work, but not yet beyond recovery, it may still be possible to receive damages for timeoff. If so, you should consult with an experienced personal injury attorney to determine whether or not your claim is strong enough to seek damages for timeoff. In most cases, it is not.