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.
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.
Employment / Labor Attorney
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
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