Termination for Rejection of Employer’s Demand for Repayment of Earned Overtime Is Unlawful FLSA Retaliation.

Plaintiff, the defendant company’s Director of Human Resources, was told by the CEO that he would lose his job unless he agreed to pay back his overtime earnings from several years before. Four days later Plaintiff refused to comply with this demand. The company fired plaintiff three hours later.

Temporal proximity alone may not sufficient to withstand summary judgment, but in this case plaintiff also had the CEO’s threat of termination for refusal to repay overtime.

O’Donnell v. America at Home Healthcare and Nursing Services, Ltd., Case No. 12-CV-6762 (N.D. Ill., Feb. 17, 2015).

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