QUESTION
Can I sue my employer for removing me from schedule when I applied for time off because I hurt my back?
Asked on Aug 17th, 2015 on Labor and Employment - Georgia
More details to this question:
I have been working at popular fast food and for the last year I have been working 7 days a week some 10 to 14 hours a day every day, some time I was not even being paid to work, the owners wife or the supervisor would change my time in the system to keep me getting to much overtime, it was always we will take care of you for it, but nothing has been done about it. After working some many hours day after day I threw my back out and I had to call out for the first time ever needing 2 days off to heal and I was removed from the schedule.
1 ANSWER
You may sue your employer for removing me from schedule, but you will not win. removing from schedule is a discharge. There are no wrongful discharges in GA. For more info, google this: Georgia, employment at will. But, you may report the fact that you were forced to work off the clock, were not paid for hours worked, and were not paid overtime. That is all illegal. You may contact Wage and Hour Division (WHD) - U.S. Department of Labor http://www.wagehour.dol.gov/ They have investigators that handle such questions. Your question does not identify your state. This response is based on Georgia law. If you are in a state other than GA, resubmit your question, and identify your state. The laws are different in other states, but the Wage and Hour laws apply in every state.
Answered on Aug 20th, 2015 at 9:40 AM