Unpaid Overtime Wage Claim

Colorado

I am facing employment law issues

A whole bunch of stuff: *. I believe that I was misclassified as an exempt employee when I don’t think that I met all the requirements of an exemption as I know that you have to meet the salary basis, test, the salary, level test, and the duties test. I don’t believe that I matched any of the duties will some of them I did on the duties, but my understanding is that you have to match all of them and for the salary basis test yes I was paid on a salary. However, my employer decided that they just wanted to dock me for less than half days and For you know couple hours here and couple hours there of missing work when I was a salaried employee and that’s not lawful also the salary basis test I only met that part of it for the two months I was working for them in * for all of *. I was well under that minimum requirement level for the salary so this leads to you know I’ve was told I was exempt and I didn’t get paid for overtime. This leads me not being paid for a whole bunch of overtime hours , my estimate is that in the * weeks I was employed with them before being fired. I worked at least * hours overtime per week. My employer has also violated regulations with regards to paid sick time, and that they did not allow me to accrue the minimum amount required by HF W laws , they also have breach of contract because when or prior to my accepting the position with the firm I instead of asking for like a higher amount, I requested assistance and the business office manager guaranteed me one day of clerical assistance per week to use as needed I never received that I made multiple request to receive it but and kept saying I am drowning I will soon be drunk. I need that assistance and just never received it. I was also supposed to have been provided with an estate plan and all in salary documents , as part of my working there which I never received I also feel that my employer has made erroneous statements on my paystub‘s with regards to the use of my HFWA paid time because they claim that I used around * hours within my first two months of working there when I didn’t I just happen to know I didn’t first of all. Secondly, this was during a time that they had told all of their employees that you weren’t allowed to request time off from October *-* * of any year because that was the firms busy time I had no time requested off I wasn’t charge for anything then all the sudden on the very last paycheck of the year * hours showed up as used under the year and that’s not true. I mean that goes against what they said they allow , so there’s that and that’s a big part of it

What about breach of contract

I was terminated by my former employer. I since have sent them demand for wages letter, and on the very last day that Colorado allows for you know response on that wage demand letter to be mailed to me I received a letter from my former employers attorney on the matter this letter, refuted anything I claimed in my wage demand letter which I was claiming like something around $*,* and they said that they would be willing to pay like just over $*. They continue to kind of offer some reason as to why they felt like that might be a better amount first, they said that I was an exempt employee, so I wouldn’t get overtime but if I , if they were to kind of just pay me out of it for some overtime they’d be willing to pay me for half an hour of overtime every week because that’s what they’re work week kind of entailed even though we are salaried employees we did work like *.* hours per week so they were saying they’d be willing to pay me for that however they wouldn’t be willing to pay me for any weeks where there were holidays as you don’t get to Time or crew any sick time on that time however, I’d like to argue that some of those holidays occurred on a Saturday so we weren’t gonna be working that anyways so they don’t just get to say blankly well that was it that week and so you just don’t get anything for that because we weren’t ever supposed to work on that Saturday or Sunday and it’s not that we got the following Monday off so yeah I should get time for that. Also some of those holidays were days that we were required to work and I didn’t get any extra like holiday pay or anything like that but we did work it so heck yes I need to be compensated for overtime purposes and HWA paid sickly for that so yeah anyways I ended up having a few attempts that are settlement negotiation with their attorney, which did not in fruitfully. It did end with my employer offering a settlement of $* for everything and I did not agree with that I didn’t accept and I think I countered with $*,* and the next day I countered one final time with $*,*. However I took the breach of contract part off the table from the original wage demand they did not counter or except.

If I file a wage claim. Can I still go after the breach of contract myself at a later point because the CDLE DLSS does not handle that type of wage claim with regards to breach of contract.

so what if during the settlement negotiation, discussions with my former employers attorney, everything I was kind of claiming they just adamantly denied like I had provided that I worked you know overtime * hours a week at least and I wasn’t keeping track of my hours because I didn’t think I needed to. We were salaried, but I have multiple emails where I’m sending them to the business office manager and some of the owner of the company where I’m complaining about always going in earlier and staying late and working over the weekend and about this help I was supposed to have been provided and never received. They also are claiming that they never allowed for employees to work remotely and so that anytime I was working remotely should be considered me taking a personal day however, I have texts and emails between myself and the business office manager where he’s telling us on a snow day so work from home day and I’ll be in contact with you later to get y’all set up and you know me requesting to work from home and him giving me permission to do so and so what do I do? I know this is what they’re gonna try to fight my claim with and I have direct evidence to dispute it.

I have since learned from a friend of mine, who still is an employee of my former employer, that since my sending of the wage demand letter, which, in my wage demand letter, I did request a litigation hold with anything Regg regarding server information, emails, anything kind of electronic that they would have access to, but I also did request that they you know do their due dated gents for all their other employees, and start paying them correctly and allowing them to use their time Off and all that stuff but so anyways, my friend told me that since my sending of that letter and everything that they are now required to clock in and out on an app on their phone which you know that was not anything we ever had to do we all had keys to the office and key cards to the main Building the house our office those I guess we’re taken away from all employees to make sure that they could not go in before or after work. They hung up all the signs that I did say in my letter, my wage demand letter that they had not been doing, and I requested that they please become compliant with their signage , so it seems like they’re doing that. They also gave their employees a pretty substantial raise to get them to the minimum salary level of the exemption for *. They also were being allowed to take a day off weekly in order to use their PTO time because in my wage demand letter, I told him that you know you there you can’t have use it or lose it and you can’t just take them away From us so they have now began to let their employees use all that time, so how do I bring all that back around and into the investigation or my claim like I feel like that helps me