Have a flsa lawsuit

[MTobin15]

What is the name of your state (only U.S. law)? PA

I was let go from my job, told b/c I was friends with a former manager who worked there over 10 years. The manager found another job 3 weeks prior to this. I was given a severance pay, told I could collect unemployment and lastly that I would be given a good reference. Shortly after leaving I became involved in an flsa case against this employer along with other employees. I have someone call and check my reference out. Found out the person who was supposed to give the reference wasn't in that day but the phone was handed to a regular non manager employee. This person confirmed some details, and when asked if I was eligible for rehire, she told the person no. I want to know is this considered to be in Retaliation under the protected act of filing the flsa lawsuit?

 

[justalayman]

Why do you believe it is retaliatory? Given the situation I don't see anything unusual about them stating the would not rehire you. It is normal in many companies to list former company terminated employees as ineligible for rehire.

 

[FlyingRon]

Further, whether or not they give references is not covered by the FLSA.

 

[MTobin15]

Because of filing an flsa claim we are protected from an employer preventing us from getting new employment. I have contacted my lawyer as well to verify this. I know there is a strict policy in regards to this b/c when I filed suit this was one of my biggest concerns. I was assured of this, that it is not the employers best interest to retaliate in any way. It is also against flsa for them not to give a reference.

 

[MTobin15]

It is unlawful for employers to give a negative job reference, or refuse to give a reference, because a person has complained of unlawful discrimination or otherwise engaged in protected activity under federal or state civil rights laws.

 

[cbg]

Where is your evidence that the sole reason you are considered ineligible for rehire is your participation in the FLSA suit? As indicated, it is not unusual for a company to mark all employees ineligible for rehire. There is nothing illegal about that.

 

[justalayman]

It is unlawful for employers to give a negative job reference, or refuse to give a reference, because a person has complained of unlawful discrimination or otherwise engaged in protected activity under federal or state civil rights laws.

it is not illegal to give no reference or even a negative reference if it Not retaliatory and so far nothing you have stated even suggests it is retaliatory.

 

[justalayman]

It is also against flsa for them not to give a reference.

Don't know who is giving you that balogna but they are wrong. There is absolutely no requirement to give a former employee a reference of any sort.

 

[MTobin15]

this is right from the labor board:
Wage and Hour Division (WHD)

(December 2011) (PDF)

Fact Sheet # 77A: Prohibiting Retaliation Under the Fair Labor Standards Act (FLSA)

This fact sheet provides general information concerning the FLSA’s prohibition of retaliating against any employee who has filed a complaint or cooperated in an investigation.

The Wage and Hour Division of the Department of Labor administers and enforces the FLSA, the federal law of most general application concerning wages and hours of work. All covered nonexempt employees must be paid not less than the current federal minimum wage for all hours worked and overtime pay, at time and one half the regular rate, for all hours worked over 40 in a workweek. The Wage and Hour Division investigates FLSA violations through its complaint-based and directed investigation programs.

Prohibitions

Section 15(a)(3) of the FLSA states that it is a violation for any person to “discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee.”

Employees are protected regardless of whether the complaint is made orally or in writing. Complaints made to the Wage and Hour Division are protected, and most courts have ruled that internal complaints to an employer are also protected.

Coverage

Because section 15(a)(3) prohibits “any person” from retaliating against “any employee”, the protection applies to all employees of an employer even in those instances in which the employee’s work and the employer are not covered by the FLSA.

 

[cbg]

That does not say what you evidently think it says.

And you have yet to provide any evidence to support your theory.

 

[justalayman]

Your point? Nothing in there says they have to give you a reference. Many companies do not give references, ever. One i worked for in the past would give dates of employment and nothing more. Nothing illegal about that.

You still have not shown the "ineligible for rehire" is not sop for the company or that it is retaliatory.

So, what proof do you have the "ineligible for rehire" has anything to do with the flsa matter?

 

[OHRoadwarrior]

That is a major assumption on your part after having been terminated already that there is a link to them not providing a good reference and retaliation. YOU must prove it, not them.