Can my employer fire me for filing a complaint or participating in a lawsuit against them for unpaid overtime?
No.
It is against the Fair Labor Standards Act for an employer to retaliate against an employee for filing a complaint or participating in a lawsuit for unpaid overtime wages.
In order to assert a prima facie claim of retaliation under the FLSA, a plaintiff must prove: (1) that he or she engaged in an activity protected by the FLSA; (2) that he or she suffered adverse action by the employer subsequent to or contemporaneous with such protected activity; and (3) a causal connection existed between the employee’s activity and the employer’s adverse action. If the employee establishes a prima facie claim of retaliation, the employer must provide a legitimate reason for the adverse action. Once the employer sets forth a non-discriminatory reason for its adverse reaction, the plaintiff may attempt to demonstrate the perpetual nature of the explanation proffered.
We Can Help With Your Overtime Issues
If you feel you have been retaliated against by your employer for making a complaint or participating in a lawsuit for overtime wages under the Fair Labor Standards Act, please give me a call at 601-948-8005 or contact me at http://www.cglawms.com to discuss your situation.
Teresa E. Harvey
Teresa is an Associate Attorney for CG Law Group, P.A.. CG Law Group, P. A. is an affiliated firm of Chhabra & Gibbs, P.A. that was formed by the founding members of Chhabra & Gibbs, P.A. to meet the growing needs of the firm’s clients without compromising the attorney’s abilities to focus on a particular area of law. Chhabra & Gibbs, P.A. is able to give top rate competent service to people who have been injured, while the affiliated CG Law Group, P.A. is able to meet the other legal needs of injured people like estate and chancery work, social security disability, and discrimination cases. Together, we strive to assure that our client’s rights are upheld and that their best interests are served.
