Employers should not be allowed to get away with wage and hour violations in Ohio. Whether they are intentional or unintentional, it is important for wronged workers to point out these problems and seek back pay for wages they are rightfully owed. Proving a wage and hour claim, however, requires evidence.
In Ohio’s civil justice system, the burden of proof that must be met to win a claim is a “preponderance of the evidence,” meaning the claim being made is more likely to be true than not true. In an Ohio wage and hour claim against a company or employer, one of the most important pieces of evidence is proof of the wages actually paid.
Collect your pay stubs, paychecks, records of direct deposits, bank statements, payroll records, proof of tips or commissions, bonuses, overtime pay, and any other documents showing how much your employer pays you. If any paychecks given to you have bounced, keep records of this, as well.
A common type of wage violation in Ohio is unpaid overtime. Copies of your work schedule, timecards, or your personal calendar or logs can prove that you have been working overtime (hours in excess of 40 in a single workweek) without proper pay. Federal and state wage and hour laws require payment of at least time-and-a-half for all overtime hours worked.
As an employee in Ohio, you have the right to expect to be paid according to the employment contract that you signed. If your employer has not met his or her obligations based on a job offer letter, written agreement, overtime policy or employee handbook, a copy of this document can provide proof of the violation.
If your employer has communicated with you via text, e-mail, memo or phone call regarding work requests, your schedule or your pay, print out copies of these interactions. Your personal documentation of these conversations could help prove your case, especially if your employer is engaging in wage violations such as asking you to work off-the-clock without pay.
You are likely not the only person at your job who is experiencing a wage or hour violation from the company. If you have coworkers, managers or supervisors who are willing to provide statements about how your employer has violated state or federal wage and hour laws, gather their testimonies to serve as evidence during your case.
If you or someone else has already filed official complaints against the employer for a violation with a government agency such as the Ohio Department of Commerce or the U.S. Department of Labor, obtain copies of these complaints and what was done about them, if anything. This can prove that the employer has a track record of payroll violations, poor timekeeping or unpaid wages.
Winning a wage and hour violation case in Ohio could result in financial compensation for your losses, including backpay for unpaid wages and liquidated (double) damages. To prove your case, you will need evidence against your employer that tells a compelling story.
At Scott & Winters Law Firm, LLC, we can help you identify, preserve and collect key evidence to support your claim. Your lawyer can build a narrative around your evidence to increase your odds of success. For a free wage and hour case evaluation in Ohio, contact us today.
