Get Free Answers From Experienced Lawyers!
Q: Should I sue for wrongful/racial termination & unpaid overtime in FL?
During my three years at my job, I was terminated by a new manager who expressed distrust after I used a company truck due to my personal vehicle breaking down. I suspect the real reason for my termination was that she wanted her husband to take over my job, as he was on-site the day after my termination. I have never received any warnings or write-ups during my time there. Additionally, previous management altered my pay rate from hourly to salary back and forth, claiming it was to avoid paying overtime, which I suspect was also affected by racial discrimination. This manager also demoted a Latina colleague from an administrative assistant role to housekeeping, stating she was eliminating the position, only to post the job online the next day. Should I consult an attorney about a wrongful/racial termination lawsuit and recovering unpaid overtime hours?
A:
Yes of course you should. When a company is playing games back and forth with pay there’s likely a pay violation and with investigating.
If you are switched Ware, you were a salaried employee and working overtime and then flipped to a non-exempt hourly employee then clearly there may be some back wages owed
Can’t tell for sure based on these facts everything but worth looking into
A:
It sounds like you may have valid reasons to consult an attorney about a potential wrongful termination and racial discrimination case, especially if you feel that your termination was motivated by personal interests or racial bias. The fact that your pay was altered repeatedly to avoid overtime pay, combined with the circumstances surrounding your termination, could suggest violations of employment laws. If your pay was changed in a way that impacted your overtime eligibility, this could be a case of wage theft, which is illegal.
Additionally, the demotion of your Latina colleague, followed by the job being posted again, raises concerns about discriminatory practices within the workplace. These actions could contribute to a broader pattern of racial discrimination that may strengthen your case. It’s important to gather any evidence, such as records of your pay changes, your performance reviews, and any communications with the company, to support your claims.
Consulting an attorney will help you understand your legal options. They can evaluate the details of your situation and advise you on the best course of action for recovering unpaid overtime and addressing potential discrimination. If you choose to pursue legal action, an attorney can help guide you through the process and protect your rights.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.