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I told my employer that I was going to sue and he fired me on the spot. Can I still get unemployment during the case?

Atlanta, GA |

My employer, or rather former employer as of a few hours ago, fired me after I told him that I would sue him for unpaid wages during Atlanta's ice storm. I worked over 10 hours a day clearing out driveways, trees, etc and he only paid us straight pay but no overtime. Can I still get unemployment while I sue him. He told me that he would say misconduct on my separation notice because I threaten to sue him in front of other co-workers. I wasn't loud I just said that I'm going to see you in court.

Attorney Answers 3


  1. Generally speaking, the Fair Labor Standards Act does have a provision that covers retaliatory firings. If this version of events is exactly accurate and there was no other reason for your termination, you might have a case under that provision.

    In either case, if your employer shorted you overtime, you can and should pursue the matter. I have attached a recent blog post on that topic.

    Joshua Erlich is an attorney in Arlington, Virginia. His response to your question is general in nature, as not all the facts are known to him. You should retain an experienced attorney to review all the facts in your case in order to receive advice specific to your case. Mr. Erlich's statement above does not create an attorney/client relationship.


  2. If you made a claim or complaint about not being paid all ages do including minimum wage and overtime wages have a claim for retaliation under the fair labor standards act. You can either call us or any nation our employment attorney for further advice

    The hiring of a lawyer is an important decision and one you should not make just upon reading something. While I may generally provide some helpful information and an answer to your question, this is not meant to be direct legal advice to you. If you wish legal advice, many attorneys offer free consultations on certain legal issues. If you wish to be certain about how best to proceed to protect your legal interests then I encourage you to contact the lawyer with experience in the same area of law


  3. It is correct you may have a claim for both the unpaid overtime and for retaliation under the FLSA. You should have a local attorney evaluate the facts and help you assess whether it's worth pursuing a lawsuit.

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