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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 129488
Experience:  20+ Years of Employment Law Experience
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I have recently been terminated from my term employer for

Customer Question

Hello,
JA: Hello. How can I help?
Customer: I have recently been terminated from my long term employer for questioning a breach in written agreement for rate of pay. Also, he is refusing to pay for overtime. I have requested my employee pesonnel records but I don’t believe they will be furnished. How long does he have to supply them to me?
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: The owner is the only one to speak with. I have not talked to a lawyer yet. I was getting ready to file a claim with the department of labor but, I really need the information to prove my case.
JA: Are you an "at will" employee? Do you belong to a union?
Customer: At will
JA: Anything else you want the lawyer to know before I connect you?
Customer: I found he a been convicted in the past and spent time in prison for human trafficking and other federal labor laws United States vs Timothy Bradley criminal case# *****
Submitted: 8 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 8 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Even as an at will employee, you cannot be terminated for making a claim under a statutory right. If you were entitled to overtime and a particular pay rate and he did not pay you as required by law, then you have your complaint you can file with the the Department of Labor or you can sue in court for violation of the Wage Act and Fair Labor Standards Act and also for wrongful termination for retaliation for exercising your legal right under those acts.

You need to file your claim or get a local attorney to file suit. For the retaliation claim you can also seek attorneys fees if you prove the retaliation was willful and malicious.

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