Unpaid overtime, overpaid taxes and constructive termination.

I was trained to be a serviceman for a vending company in Texas in January of 2002. I was paid an hourly wage of $10.00, that went to $12.00/hr in January of 2003, after being rehired (I worked for another company for 3 months). This position, on a weekly basis, involved overtime in excess of fifteen hours seventy-five percent of the time.
In June of 2003 I was relocated to Kansas with my family, and within a week was informed that I would be receiving a "salary" wage based on the $12.00/hr for a 40 hour work week. Still, I was expected to put in all the hours it took to get the job done as I was the only service technician taking care of most of Kansas and part of Missouri. Even with the imposed salary, I was expected to answer entirely for my every action to my employer, including detailed time sheets, phone communication, etc...
On March 31st, 2004, after being robbed at gunpoint of the revenue I had collected, my paycheck was held and I was rendered incapable of performing any further job duties as a result. Having always been classified as a "contract laboror", I had no idea until I sought council that I was, in fact, considered an employee by state and federal standards.
I have since been reclassified, paid retroactive unemployment benefits after a six-month struggle, and was forced to accept a tiny fraction of what was owed me as a final wage because I was advised by the labor concillator handling my case that because I'm in Kansas and my ex-employer is in Texas, my chances of getting anything else would be close to impossible.
What should I do about the $4500.00+ I paid in taxes that he paid nothing on?
And what about the overtime I was never paid all the way back to Jan. of 2002, that I was paid a straight wage for? I'm talking about over $10,000.00 of unpaid overtime, and that does not include liquidated damages or anything else.
Do I need a Texas lawyer to help with this? The labor board?
HELP! This guy has ripped me off, and fought me viciously through every battle I've won.
Where should I turn?
PLEASE--any advice is welcome!

1 answer  |  asked Oct 16, 2004 7:37 PM [EST]  |  applies to Kansas

Answers (1)

Albert Kuhl
Overtime, etc.

Overtime due you arising from work performed in the state of Kansas could certainly form the basis for a claim made in Kansas courts. I am unclear as to which agency you have already dealt with, as your reference to the 'labor conciliator' is somewhat confusing. Feel free to contact my office in Lenexa should you care to discuss this matter further.
Regards,
Albert F. Kuhl
913-438-2760

posted by Albert Kuhl  |  Oct 16, 2004 9:55 PM [EST]

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