Facts

On Feb. 20, 2007, defendant Studio RFD Inc. terminated the employment of plaintiff Luis Aussenac's, age 30. Aussenac was a welder and carpenter.

Aussenac filed suit against Studio RFD and owner, Rohit Fernandez, alleging wrongful termination and unpaid overtime wages.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that he was terminated in retaliation because he filed a worker's compensation claim earlier in the day. He also claimed that overtime wages were not paid even though he routinely worked over eight hours.

DEFENDANTS' CONTENTIONS:
The defendants contended that plaintiff was an independent contractor and thus, ineligible for overtime pay. The plaintiff's project was completed and that was the reason for his release.

Settlement Discussions

Plaintiff demanded $80,000. Defendant offered $30,000

Damages

Unspecified damages for pain and suffering, plus lost wages and unpaid overtime.

Injuries

Emotional distress.

Result

The judge found in favor of plaintiff and awarded $43,590 at 10 percent interest per annum, which would apply to the general damages beginning on Dec. 24, 2008. As to the unpaid overtime and wage claim, interest had already accrued for approximately a year.