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GEICO Fair Labor Standards Act Lawsuit Overview:
- Who: GEICO has been hit with a Fair Labor Standards Act and Family and Medical Leave Act lawsuit by a former employee.
- Why: Andrew Fitzgerald says the company fired him after he complained about not getting a lunch break.
- Where: The case is pending in Maryland district court.
Insurance provider GEICO retaliated against an employee in multiple ways and ultimately fired him after he made public complaints about the company not providing adequate lunch breaks, a new lawsuit alleges.
Andrew Fitzgerald filed the lawsuit against Government Employees Insurance Company (GEICO) alleging violations of the Fair Labor Standards Act and the federal Family and Medical Leave Act.
He claims that when he accused GEICO of not letting employees take their 45-minute lunch break in a lawsuit, after repeatedly complaining about the issue to human resources, his supervisors and managers, the company retaliated against him in a number of ways, ultimately leading to his termination.
“GEICO’s actual reason for firing the Plaintiff was in retaliation of Plaintiff’s exercise of his FLSA, or additionally and alternatively, his FMLA rights,” the lawsuit explains.
Fitzgerald joined the class action lawsuit in August 2021 and gave an affidavit in support of certification. Then, in September, he was called into a meeting with his managers where he was given a formal warning due to productivity metrics and re-inspections.
“GEICO’s motivation for issuing Plaintiff a final warning was directly related to complaints Plaintiff raised to GEICO regarding GEICO’s failure to pay wages, including overtime wages, owed to Plaintiff and other adjusters as well as Plaintiff’s participation in the Hart matter and Plaintiff’s submission of a sworn declaration supporting the prosecution of the Hart matter,” the lawsuit reads.
Plaintiff Claims He Was Placed On Coaching Plan But Did Not Receive Guidance, Feedback
After the warning, Fitzgerald was placed on a coaching plan where he was supposed to have regular one-on-one meetings with a supervisor. However, according to the claim those meetings rarely happened and Fitzgerald was left without any guidance or feedback. He also alleges that the company failed to cover his workload when he was on sick leave due to anxiety and stress, causing his productivity metrics to decrease and resulting in a heavily increased workload on his return.
“As a direct and proximate cause of GEICO’s unlawful actions, Plaintiff has suffered lost wages, severe humiliation, mental anguish, and related mental and emotional pain and suffering,” the claim states.
Fitzgerald is seeking damages, compensation, reinstatement, legal costs and fees and a jury trial.
GEICO is also facing a class action lawsuit filed by drivers who say they were shortchanged by Geico when submitting claims for cars deemed “total losses.”
Have you ever worked for GEICO? Tell us your experience in the comments section below!
Fitzgerald is represented by Gregg C. Greenberg and James E. Miller of Zipin, Amster & Greenberg, LLC.
The GEICO FLSA Lawsuit is Fitzgerald v. Government Employees Insurance Company, Case No. 1:22-cv-00184-JMC, in the U.S. District Court for the District of Maryland (Baltimore)
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