Franklin Lee Bennett worked for Family First Inc., an assisted living facility in Manchester, Tennessee with a focus on care for patients with Alzheimer’s and similar diseases. The job sometimes required him to work more than 40 hours per week, which entitled Franklin to overtime pay under the Fair Labor Standards Act (FLSA). When he asked to be paid properly for all the additional hours he routinely worked, the response was shocking.
Franklin’s supervisor threatened to fire him for requesting the wages he was rightfully owed. A few weeks after he made his request, Family First did fire Franklin, claiming he was “unable to maintain a harmonious working relationship” with his supervisor and had an “argumentative attitude.” Left with no alternative, Franklin contacted the Wage and Hour Division.
The investigator at the division assigned to the case knew Franklin’s story was a clear-cut case of illegal retaliation. This occurs when an employer, either directly or through a manager, supervisor or administrator, fires or takes any other type of adverse action against an employee for engaging in protected activity. In this particular case, Franklin provided a trail of emails and text messages about his complaint, demonstrating how a legitimate grievance led to unlawful termination.
Although Franklin should have never been terminated, his story has a happy ending. After the division’s investigation, Family First agreed to pay him $30,000 in back wages and damages. When asked about his experience with the division, Franklin encouraged other people to follow his example. With his wages restored, Franklin was able to pay some debts and even take a vacation, and he was able to find a new job.
Kimberly McGahey is a Community Outreach and Resource Planning Specialist in the Southeast region for the Department of Labor’s Wage and Hour Division. Follow the division on Twitter/X at @WHD_DOL and on LinkedIn.
