When Kennedy Hodges became involved in the case, our attorneys asked all employees who wanted to be included in the lawsuit to complete a consent form and return it to us for filing with the court. We promised that the employees would only pay us if the lawsuit reached a successful ending with a settlement. Anyone who worked at Gamesa from October 2009 until the start of the case in 2012 were eligible to join the lawsuit, as long as they worked as a “Technical Advisor,” “Quality Inspector,” or any other position with similar duties. As long as these employees did not receive overtime pay for hours worked over 40 hours in one work week, Kennedy Hodges would represent them in the case..
What Do Gamesa Employees Hope to Recover?
The Gamesa employees want to recover lost wages for the unpaid overtime they worked; however, it’s likely, as is the case in many unpaid wages suits, Gamesa has no accurate records of how many hours the employees actually worked. When this happens, the court allows the employees to make a “good faith” estimate of the amount. At Kennedy Hodges, we requested records from Gamesa, so we could analyze them to determine the amount each employee was owed.
Can Gamesa Retaliate Against Its Employees?
Often, workers are worried they’ll be punished for bringing a lawsuit against their employer. However, it is illegal for an employer to punish you for joining an unpaid wages lawsuit, and the attorneys at Kennedy Hodges make sure every employee is protected from retaliation—this can include a reduction in work hours, changes in pay, changes to your position, or dismissal. It’s your right as an employee to pursue legal action for unpaid wages, and those suing their employer has the protection of Kennedy Hodges if retaliation does occur.
We Can Help
The Gamesa wage and overtime collective-action lawsuit is an ongoing case. If you’d like more information about it, please contact the attorneys at Kennedy Hodges assigned to prosecute this case. This lawsuit highlights one of the ways employers can underpay their employees. If you think you’ve been unfairly compensated for your work, don’t hesitate to contact the Kennedy Hodges attorneys at 855-947-0707 for a free consultation.