I have worked at a quick lube shop for almost 5 years. When I recieved my first few paychecks I asked my boss (the owner of the business) why I didn't recieve time and a half for the hours I worked in excess of 40 each week. He said that he didn't have to pay overtime. I took his word for it and didn't question the matter any further. Recently I was talking with a friend who thought I should in fact be paid overtime so I began looking into it again. I found out to be covered under IL wage law the business has to have four or more employees. There is four employees but only myself and one other employee are on the payroll. The other two were being paid cash and weren't having any taxes being reported or withheld. They are not contracted or independant employees. I believe he was doing this to avoid the IL wage law. I asked him this Friday after recieving my paycheck and cash. (My paycheck reflected 45 hours of flat hourly rate wages and the cash was untaxed hourly wages for the remaining 4 hours I worked) I asked my boss again why I didn't get paid overtime, he said that I waived my right to OT pay by continuing to work for him. I disagreed with him and told him that I didn't think that I could waive the OT requirement. He said that he wasn't going to start paying me time and a half for OT. I asked him if it would be possible for me to continue working 40 hours a week instead of 49 while I filed a claim for overtime with the dept. of labor to have them investigate it and see if I was supposed to be receiving OT pay. After I said that he replied "You're gonna do that and expect to keep working here? Not gonna happen buddy!" I was stunned and we sat there for a few minutes in silence. At that point I got up and left the building.
I figure that it won't hurt to file for unemployment insurance but I don't know what to say when they ask if I was fired or if I quit. I did leave the building and fail to report to work the next day, but it seemed pretty clear to me that my boss didn't want me to continue my employment if I sought out the assistance of the labor dept.
Any suggestions on what I should tell the unemployment office?