An Atlanta wage and hour claim has the potential to anger the employer who is accused of wrongdoing, possibly subjecting the complaining employee to further misconduct in the workplace (assuming that he or she is still employed following the claim). Of course, it is important to note that it can be a violation of state and federal law for an employer to intentionally retaliate against a worker simply because he or she has asserted his or her legal rights in a court of law or other tribunal.
However, not every complaint of unlawful retaliation will be successful in court, as the employer does have some defenses, including an adverse employment action based on a legitimate reason rather than in retaliation; notably, in order for this defense to relieve it of liability for wrongful termination, the employer must be able to show that it was not merely pretextual.
Facts of the Case
In a case recently discussed by the United States District Court for the Southern District of Georgia, Savannah Division, the plaintiff was a former police officer whose employment was terminated by the defendant city in 2018. The plaintiff filed suit in federal court, alleging that the defendant had violated her legal rights under the Fair Labor Standards Act of 1938, § 28 U.S.C. 201, et seq. by engaging in unlawful workplace retaliation after the parties had settled a separate lawsuit in late 2017.