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What if There are No Records of My Work or My Employer has Kept False Records? |
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Many employers will pay employees in a completely "cash off the books" fashion without any records or keep false records of the number of hours worked by their employees. For example, some employers will pay employees with a check that may show proper payment of wages for 40 hours and then pay the employee "cash off the books" without any record of the employee working over 40 hours a week (these "cash off the books" payments are not made at a proper time and one-half overtime rate). The Law Office of Leon Greenberg has successfully collected money for many workers who have been taken advantage of by employers in this fashion. It is important to understand that employers are required by law to maintain accurate records of the hours of work and wages earned by their employees. If an employer fails to keep any records, and pays an employee "cash off the books", a Court is likely to hold this against the employer and not the worker. The existence or non-existence of records DOES NOT,by itself, determine whether a worker can collect on a claim for unpaid wages, a Court must examine WHAT ACTUALLY HAPPENED and the testimony of the worker can be enough for the worker to win his case. While cases where employers have made false records can be more difficult, a Court is NOT going to automatically decide that an employer has paid proper wages just because the employer has records that seem to show proper payment of wages. A Court is required to go BEHIND the records and examine the ACTUAL FACTS of what happened, what the employee was ACTUALLY PAID and what other evidence exists of the ACTUAL NUMBER OF HOURS OF WORK by the employee. If an employee can testify in Court that the employer has kept false records, and the employee has witnesses or other evidence that the employer's records are false, the employee may have a good chance of winning his case. Please contact the Law Office of Leon Greenberg about your claim even if you were paid "cash off the books" or there are no records supporting your claim or your employer has kept false records.
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