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Law Offices of Dan A. Atkerson

Why Was This Autistic Applebee’s Employee Unpaid for a Year?

By Dan Atkerson on October 30, 2015

Obama Announces New Overtime RulesAn autistic employee at a Middletown, R.I. Applebee’s has reportedly worked three or more shifts a week for almost a year now, but has yet to see a paycheck.

Local news broadcaster WPRI-TV covered the story saying that Caleb Dyl was put into a training program with the restaurant back in August of 2014. Dyl and his parents filled out all of the required forms that the placement company, Resources for Human Development (RHD), gave to them. Despite having complained to the company for months, Dyl still never got a penny for his efforts.

The evaluation filled out by the employee that trained Dyl described him as a “capable and tireless” worker. Another Applebee’s employee said that they “were lucky to have him,” adding that Dyl works very hard and doesn’t take breaks or stop working until the very end of his shift.

Applebee’s officials have said they fully intend to make everything right. They claim that they were unaware of the situation, saying that “RHD never contacted us. The first we heard of this was when [WPRI-TV] called. We obviously feel terrible. We have to make this right.”

RHD is funded by the state and officials there have said that if Dyl was not getting paid, then RHD should have contacted them. However, records show that nobody from RHD ever called about Dyl’s plight.

Applebee’s has offered Dyl payment for 166 hours of unpaid wages, but are still unsure if that figure is accurate to the amount of time Dyl has put in at the restaurant.

What Should I Do If I’m Not Getting Paid?

First, bring the issue to the attention of your company payroll department or a supervisor. If the issue is not fixed in a timely manner, contact a wage and hours attorney that can help you fight for what you are owed.

Dan A. Atkerson has more than 30 years of experiencing fighting for employees with unpaid wages and overtime disputes.

Atkerson LawDallas employment lawyer

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