Legal Question in Employment Law in New York

Re: Wrongful termination and overtime

Maybe.

It depends on whether you were classified as an "exempt" or "non-exempt" employee and whether that classification was correct.

"Exempt" employees don't get overtime.

"Non-exempt" employees do.

If you're "non-exempt" the employer is probably liable for your overtime. As to the termination, I'm not aware of any rule prohibiting an employer from terminating an employee for demanding overtime pay. In other words, the employer may retaliate for anything it wants to (except assertion of rights under the civil rights laws or whistleblowing in the case of an immediate danger to public health).

If the amount of overtime pay is significant and you're not a manager or its equivalent, it's probably worth a lawsuit.

Good luck.

Re: Wrongful termination and overtime

New York generally does not recognize a claim for wrongful termination. However, you may have a case under New York Labor Law for unpaid wages (overtime). However, there are many questions that must be answered in order to point you in the right direction. For example, were you discriminated against in other ways (i.e. age, race, etc.)? Were you paid an hourly wage? Did you rent the vehicles and pay gas, tolls, etc. and keep the fares collected? If you are unwilling to pay an attorney you may be able to have the Department of Labor or another governmental agency (EEOC, etc.) assist you in this regard.

Re: Wrongful termination and overtime

From what little you have stated thus far, you appear to have a Fair Labor Standards Act claim (you are entitled to overtime if you work more than 40 hours a week). I assume that you were a limo driver with little discretion in conducting your job. In order for a retaliation claim (for termination when you inquired about overtime) to stand you must have filed a formal complaint regarding your employer's failure to pay overtime.