Wage Act Violation: Unpaid Work During COVID Furlough

Nathan worked as a consulting engineer for a cloud storage company.  When the pandemic hit, he and his team were furloughed, like many other employees.

He and his team, however, were explicitly asked to continue to work off-site.  They were told that they needed to continue maintaining and updating code for customer use even while on furlough.

When they asked why they should continue to work without pay, they were told it was so that they would "have a place to come back to" when the shutdown ended.  They were also told not to tell customers that they were on furlough.

Nathan and his team did as instructed, and continued to work for a little over two months.  At that point, instead of recalling Nathan and his colleagues from furlough, the company announced that it was laying them all off.  

In addition to the unpaid working time, Nathan was not paid for a little over three weeks of vacation that he had accrued but not used at the time of his termination.  The company offered him a severance package that did not come close to the amount of his owed wages, which he declined.

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Wage Act Solution

When Nathan came to us, we were still mid-pandemic.  In addition to not being paid for his work over the prior months, he had lost the ability during that window to pursue alternate employment.  

We filed a claim under the Massachusetts Wage Act, and engaged in written discovery.  Documents produced by the company completely supported Nathan's claim that they had been providing services throughout the furlough, and that it was at the direction of the company.

We were able to reach a settlement that adequately compensated Nathan for the wages and vacation time he was owed.

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Postscript

Nathan was able not only to secure compensation for his work, but also to hold the company accountable for taking advantage of the COVID furlough to try to get free work out of its employees.

If you are ever asked to work without pay, remember that the Massachusetts Wage Act and minimum wage laws are there for your protection.  An experienced employment attorney can help you understand your rights and your options in that situation.

How We Can Help

We have years of experience helping people with wage and hour issues, and we would be happy to help. You can use the button below to schedule a call back from a member of our team, or give us a call at  781-784-2322.

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