Thousands of verified Experts are ready to answer your specific questions 24/7.
Satisfaction is guaranteed and you pay your Expert only if you are satisfied.
Just type your detailed question and click "Get an Answer."
In minutes you'll get a response from an Expert. You can always ask follow-up questions.
Happy with your answer? Just click "Accept" to pay your Expert.
I was paid back overtime under the FLSA for the past two years work. I have since been fired from my contract. I have always done an excellent job with no write ups on my work. EVER! I feel I was fired because of the audit on the overtime pay. Which I did not instigate.
State/Country relating to Question: Nebraska Already Tried: Have tried nothing yet. Only put out several feelers to other labor lawyers.
Thank you for using JustAnswer! I am sorry to learn of your circumstances. Did you have a written contract or employment agreement with your employer?
Yes, my job I lost was as a bus driver. I am also the custodian for the school also. I have been in both positions for 20 years or more.
And did your contracts state that you were an "at will" employee or that your employment was "at will"?
yes
Please tell me more of the circumstances as to why you believe you were fired because of the overtime issue.
The school board and administration allowed me to work both contracts for the school for one year. We were put on a time clock for the first time ever during that year. Which was fine with me because they were able to see just how many hours I was actually working. After that year they decided they could not pay that much overtime, which was 3405 dollars total for the year. So they did not offer me a renewal on my bus driving contract. Only because of the overtime issue. They said I always did an excellent job, but didn't think it was right to pay overtime to me. I offered to work as a supervisor which would make me exempt from overtime, but they refused to do that either. I thought I read in the FLSA pamphlet I received that you could not be retaliated against because of an audit by the labor dept.
Did you file the complaint with FLSA?
No, would that be done thru the dept of labor?
It is kind of true that an employee cannot be retaliated because of an audit. It would be illegal retaliation if you had filed the FLSA complaint with the Department of Labor and your employer got cheesed at you over that and because of your blowing the whistle, they reduced your hours. However, from the facts you describe, it appears that your employer did not realize the effect of their poor payroll practices. Now that they do, they realize that they can no longer afford your past scheduling practices, and thus, as a budgetary matter, have adjusted your hours. It may sound like I'm splitting hairs but I'm not. It's not illegal for an employer to adjust hours due to bona fide business/economic reasons. From the facts that you've described, it does not appear that your employer has done anything illegal in adjusting your work assignments/hours. Good luck and best wishes. I hope that you find this information to be helpful in better understanding where you stand and why. I also hope that you find this answer to be ACCEPTable!
Attorney
Explains legal matters based on 14+ years experience.