First Mortgage Corporation USA

This case is brought by a Plaintiff who is a former mortgage loan officer for First Mortgage Corporation USA on behalf of mortgage loan officers across the country. The lawsuit alleges that the First Mortgage Corporation USA failed to pay mortgage loan officers minimum and overtime wages in violation of the federal Fair Labor Standards Act (“FLSA”). This case seeks to compel First Mortgage to pay Plaintiff and a class of similarly situated mortgage loan officers all of the wages they earned in the past three years under the FLSA. The case also seeks certification of a class action under Florida law on behalf of mortgage loan officers that worked in Florida. Click here for the Consent to Sue form.
This case was filed in the U.S. District Court for the Middle District of Florida and was assigned to the Honorable Mary S. Scriven.

If you work or recently worked for First Mortgage Corporation USA as a mortgage loan officer and were not paid minimum and/or overtime wages, you may be able to join this action to recover back wages and liquidated damages. To join, fill out a “Consent to Sue” form and send it to Getman & Sweeney, PLLC. Click here for the Consent to Sue form. If you have any questions, you can call us at (845) 255-9370. The call is free and confidential.

How to Join this Case

If you have also worked for this defendant you can join this case by completing this Consent to Sue form and faxing, e-mailing, or mailing it to Getman Sweeney. You need the free Acrobat Reader installed to view the form.

Consent to Sue form

 

Status Reports

Posted on Monday, June 17, 2013

Answers to Common Questions:

What claims are covered in this case?

The Complaint covers claims for overtime under the federal Fair Labor Standards Act (“FLSA”). The specific violations claimed are that the First Mortgage Corporation USA failed to pay minimum wages and overtime wages at the rate of time and one half to its mortgage loan officers.

The complaint also covers claims for minimum and promised wages under Florida state law.
 

What work locations are covered by this lawsuit?

The FLSA claims in this lawsuit cover all employees who worked as a mortgage loan officer for First Mortgage Corporation USA anywhere in the United States.

What damages are sought?

Damages sought under the FLSA include back overtime wages, an equal amount of liquidated damages, interest, and fees and costs for each violation.

The FLSA provides for liquidated damages in an amount equal to the back pay owed and allows claims going back three years from when someone affirmatively joins the case by filing a Consent to Sue form. You must send us a signed Consent to Sue form to bring your federal wage and hour claims in this action.

How far back can claims be made?

Under the FLSA, you are entitled to make claims for the period extending back three years from the date your Consent to Sue Form is filed in Court. First Mortgage Corporation USA will be entitled to argue that its violations were not willful and that its claims should only be limited to a two-year period preceding the filing of your Consent to Sue. This two or three year period is called the “statute of limitation.”

The Florida state wage claims have different statutes of limitations, going back five years from the date the complaint was filed in Court.

How do I join the case?

To bring claims under the FLSA for back wages and an equal amount of liquidated damages in this action, you must affirmatively join the case by filling out a Consent to Sue form form and returning it to Getman Sweeney to be filed with the Court. Even individuals who do not fill out a Consent to Sue form MAY be part of the Florida state wage claims if they worked for First Mortgage Corporation USA in Florida, but only IF the Court ultimately decides that the case may go forward as a class action. Individuals who want to present all of their claims to the Court should fill out the Consent to Sue form and return it to Getman Sweeney to be filed with the Court.

Do I have to pay to join the case?

No. The attorneys representing plaintiffs are Getman & Sweeney, PLLC are handling this case on a contingent basis and will only be paid when we win through a settlement or final judgment.

Can I wait to file my Consent to Sue form?

You are not part of the FLSA case until your Consent to Sue form is returned to the plaintiffs’ attorneys and filed. If you delay in filing the Consent to Sue form, part or all of your claim may be barred by the statute of limitations.

Can the Defendants fire me or take action against me for joining the arbitration?

The law prohibits retaliation for joining an overtime lawsuit. If any employee suffers retaliation, First Mortgage Corporation USA would be liable for at least double the injury caused to the employee, and possibly much more. Notify us immediately if you think any retaliation occurs. Retaliation is rare in overtime cases, because an employer can suffer such serious penalties.

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