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?

Asked 5 months ago - 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. Mitchell Lloyd Feldman

    Pro

    Contributor Level 11

    Answered . 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... more
  2. Thomas Richelo

    Contributor Level 14

    Answered . 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.

  3. Joshua Harry Erlich

    Pro

    Contributor Level 11

    Answered . 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... more

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