How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Marc Your Own Question
Marc
Marc, Attorney at Law
Category: Employment Law
Satisfied Customers: 122
Experience:  Experienced Attorney
77496635
Type Your Employment Law Question Here...
Marc is online now
A new question is answered every 9 seconds

Is this wrongful termination as retaliation to saying I

Customer Question

Is this wrongful termination as retaliation to saying I would report him for not following federal employee wage laws??On 10-26-16 My employer (owner of the company) fired me IMMEDIATELY when I told him under federal employee wage law he is required to pay me for all hours I worked and if he continued to refuse paying me for all of my hours worked including overtime- I would report him to the proper agency/person. He IMMEDIATELY began shouting and said ""Consider this your last day!!! You're fired!! Now get your shit and get off the premises!!"
Submitted: 1 month ago.
Category: Employment Law
Customer: replied 1 month ago.
It looks like someone was/is working on this? Is anyone there?
Customer: replied 1 month ago.
I actually am certain this is wrongful termination. I've researched extensively on my own. There are some questions I have concerning a 'separation agreement' he is requesting I sign as well as my response to his proposed 'separation agreement'.
Expert:  Marc replied 1 month ago.
Hello. My name is***** am a licensed attorney and I will be happy to answer your question for you. First of all - I am sorry you are going through this and I can imagine how vexing it must be for you. Your boss certainly is a hothead and he may well be liable to you for violating the Fair Labor Standards Act and yes - retaliation too.Retaliation occurs when an employer takes a negative action against an employee because the employee has complained about illegal conduct, such as discrimination, harassment or, as in your case, failure to pay in accordance with the law. Most employment laws also prohibit retaliation for the simple reason that they are almost entirely enforced through employee complaints. After all, if your employer could legally punish you for complaining about his violation of the law, he could break it with impunity.The Fair Labor Standards Act, like other laws that govern the workplace and guarantee rights to individual workers, protects your right to enforce the law. So what to do now? Before consulting an attorney, your might want to check out the services available at the Dept. of Labor at: www.wagehour.dol.gov. or call them at(###) ###-#### They are pretty responsive and helpful. Should you decide to consult an attorney, you may be able to find one who can take your case on contingency.
Expert:  Marc replied 1 month ago.
I just saw your follow up question. Give me a moment.
Customer: replied 1 month ago.
Would you like to see his 'separation agreement' he wants me to sign?
Expert:  Marc replied 1 month ago.
Separation agreements are common for layoffs or reductions in force. It's surprising in a case like yours, where your boss flipped out and summarily sacked you. For that reason, I cannot assume that the agreement is standard and I don't want to guess what it says. So, please tell me what your specific questions are. You can also attach the agreement so I can review it. I'll stand by for your response.
Cheers,
Marc
Customer: replied 1 month ago.
I am paying $59 for this chat. Would it be an additional $59 to speak to you on the phone?
Customer: replied 1 month ago.
Here is the separation agreement. I mean it doesn't take a genius to recognize he realized he royally messed up and is now trying to get his butt covered immediately.
Customer: replied 1 month ago.
ok this does not seem like much of a chat. I'm sat here waiting for 10-20 mins between each reply. Either actually carry on a normal chat conversation or I'm going to request a refund. I do not have the time or the patience for this right now.