What am I entitled to if I was fired after my boss found out I filed a claim about overtime?

I was terminated after two months of employment today. My employer made an announcement last week that everyone was being changed from hourly pay to salary with no overtime pay, and also no vacation, sick and holiday pay. I asked if we would fall under exempt or non exempt salaried employees, she said she didnt know what that was, we were just salary, and cut me off. I talked with my coworkers, and none of us felt comfortable bringing up the matter again. I said that I would look into filing a claim. I got inot contact with the wage and salary board, and opened an investigation that was supposed to remain anonymous. The next day, my manager took me into a room and questioned me about rumors that I had started an investigation. She said that there were two people that had opened claims, and that the labor board was mailing her the names. I said I had talked about it, she then said she "discovered" what they were trying to implement with the salary was illegal, and we were being kept at hourly. This was yesterday. Today, she came to me at the end of my shift and told me I was being terminated for missing work for two days, and being late once. I was never written up or spoken to about this prior. I asked her to tell me the real reason, and she told me the same thing, then told me to leave immediately and never to step foot on their property again.
What are my rights? I was only employed with them for a little over two months..

2 answers  |  asked Dec 4, 2010 3:06 PM [EST]  |  applies to Texas

Answers (2)

Christopher McKinney
You may have a claim for retaliation under the FLSA. You should contact a Board Certified employment lawyer to discuss your claim. If you wish to discuss it with me, please contact me at the address below. Take care.

Very Best Regards,


Christopher McKinney
The McKinney Law Firm
Plaza at Concord Park - Second Floor
700 East Sonterra Blvd. Suite 1221
San Antonio Texas 78258
Phone: (210) 832-0932 x2
http://www.themckinneylawfirm.com
http://www.hrlawyersblog.com

posted by Christopher McKinney  |  Dec 6, 2010 07:55 AM [EST]
Andrew Golub
Based on these facts you are likely protected from retaliation under the Fair Labor Standards Act. The short duration of your employment with the company should have no effect on this matter.

Please feel free to call me Monday if you would like to discuss this matter in greater detail.

Andrew S. Golub
Dow Golub Remels & Beverly, LLP
8 Greenway Plaza, 14th Floor
Houston, Texas 77046
713-526-3700
asgolub@dowgolub.com
www.dowgolub.com

posted by Andrew Golub  |  Dec 4, 2010 3:12 PM [EST]

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