Do I have a case if terminated almost 3 years ago?
I have worked for a retail company for 15 years as a front end manager. I was pregnant in 2009 and went on FMLA in August 2009 until October 2009. Upon my return, I was given lots of papers to sign which did not happen after my first pregnancy. Exactly 30 days after returning to work,I was terminated for working off the clock. I believe I was terminated for other reasons than what was stated. Working off the clock was something that was implied to make payroll, however, I knew this rule but have never known anyone to be fire for this violation.
2 answers | asked Jul 30, 2012 12:26 PM [EST] | applies to Florida
Answers (2)
You should consult a labor attorney immediately about a possible claim for unpaid overtime under the Fair Labor Standards Act (FLSA), and retaliatory discharge under the FLSA. Because the statute of limitations for a willful violation goes back 3 years, it's possible you still have a claim. But every day that goes by without you failing suit is another day that drops off the back end of your claim.
posted by Phyllis Towzey | Jul 30, 2012 12:38 PM [EST]
posted by Phyllis Towzey | Jul 30, 2012 12:38 PM [EST]
The FMLA, which may have provided you some protections, has a 2-year statute of limitation. Pregnancy discriminaiton claims must be filed with the EEOC within 300 days, with the FCRH within 365 days.
Working off the clock is certainly something you can be terminated for so I would question the validity of your claims.
posted by Arthur Schofield | Jul 30, 2012 12:34 PM [EST]
Working off the clock is certainly something you can be terminated for so I would question the validity of your claims.
posted by Arthur Schofield | Jul 30, 2012 12:34 PM [EST]
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