E.D.Va.: Plaintiff Alleged Actionable Retaliation Claim, Where Asserted Former Employer Denied Him Work as Independent Contractor In Retaliation for Testimony in Co-Employee’s Case

Boscarello v. Audio Video Systems, Inc.

In this Fair Labor Standards Act (FLSA) retaliation action, a former employee sued his former employers alleging that defendants retaliated against him, in violation of 29 U.S.C. § 215(a)(3), by refusing to provide him work as an independent contractor following his submission of an affidavit supporting a current employee’s FLSA claim against the employers.  The case was before the court on defendants’ motion to dismiss, for failure to state a claim.  At issue on defendants’ motion was whether a former employee states a valid FLSA retaliation claim where, the alleged retaliation consists of the employer’s refusal to provide its former employee work as an independent contractor, work that the employer was not contractually obligated to provide, but which the employer indicated would be provided.  Following Fourth Circuit precedent, the court held that the Plaintiff had indeed stated a valid cause of action.

Click Boscarello v. Audio Video Systems, Inc. to read the entire Opinion.

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Filed under Independent Contractor vs Employee, Retaliation

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