How can I get a federal wage lawsuit dismissed? 1 Answers as of January 18, 2011My company is being sued for unpaid wages for overtime. The employee worked under 2 different areas while with the company. 1/2 the time in Orlando which was hourly and 1/2 in South Florida which was commission based. After quitting, he mentioned the money being owed, his final paycheck reflects the overtime owed from Orlando doubled for any inconvenience, and he was exempt from overtime in S. FL due to commission based outside sales position. And even if he wasn't under outside sales he made enough each week to equal time and half for 22 hour work days. He was also given housing and water bill for living in S. FL that the company covered. So the question is how do we get the case dismissed? On a side note this employee is being evicted from the home and is demanding an eviction hearing, he has been locking himself in the house since the end of November only coming out a few times a week.
Diefer Law Group, P.C. | Marcelo Dieguez
The first step is to contact an attorney in Florida who can advise you on this matter. That being said, these cases are not very easy to have dismissed. Depending on how the complaint was written, you may have to answer, engage in discovery, and then move for a summary judgment motion. Needless to say, these cases are expensive to litigate.
Answer Applies to: California