can you be fired as retaliation for filing partial unemployment?

My husband works in the construction field. He was being told there's no work and to stay home, so he filed for partial unemployment. After being told to report to work on Monday (after Thanksgiving) his boss received the unemployment papers and then left a voice message saying he got them and to turn in his keys and gas card.

When he spoke with his boss, his boss said he's laid off until at least January, but then his boss told the division of Child Support that he's no longer employed with them.

Is there something my husband can do legally about this retaliation? he has never been told the words 'he's fired', but obviously he is.

In addition his boss owes him so called overtime for various jobs over the last 3 years that he never paid and said it was 'comp time'.

0 answers  |  asked Dec 7, 2010 11:23 AM [EST]  |  applies to Virginia

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