Can an Employee Be Fired For Complaining About Unpaid Wages Or Overtime?

The federal Fair Labor Standards Act (“FLSA”) and many State laws require that employees be paid the salaries and overtime pay they are lawfully entitled to get in a timely way. Regrettably, many workers who have actually not been paid amounts that they are legally entitled to receive are hesitant to grumble because they are concerned about being fired or otherwise retaliated against. Such worry needs to not prevent an action to recuperate sums justly earned, as the wage and overtime laws have built-in protections forbidding such retaliation.

unpaid wages lawsuitsThe FLSA particularly provides that it is “unlawful for anybody … to release or in other way victimize any worker since such worker has actually submitted any problem or set up any or caused to be instituted any proceeding under or related to this Act, or has actually testified or is about to affirm in any such case.” In Arizona, where I practice work law, comparable statutes exist preventing retaliation for grumbling about offenses of the Arizona statutes.

Importantly, these anti-retaliation statutes supply genuine defenses and serious penalties, in order to encourage hurt staff members to come forward. The FLSA anti-retaliation laws subject companies who retaliate or discriminate against an employee to fines and even prosecution, and the affected worker is entitled to “legal or fair relief … including without constraint work, reinstatement, promo, and the payment of wages lost and an additional equal quantity” plus lawyers’ fees and court expenses. Punitive damages are likewise offered in appropriate cases.

Obviously, numerous companies are wise enough not to fire somebody, but retaliate in other methods. The laws also avoid other kinds of retaliation and harassment, and courts have actually approved companies who “blacklisted” employees, refused to work with candidates who made legitimate grievances at other jobs, rendered unfair discipline, made unreasonable work tasks, or failed to supply typical advantages or payment that would have otherwise been provided. Contact Cooper Law Firm for more information.

At the end of the day, there is no other way to avoid the unpleasant situation that might accompany a grievance versus your business, however the alternative is to continue to have your legal rights violated and, due to delay in bringing a claim, lose significant rights. Prior to raising a claim and staining the relationship, it is a good idea to consult with an experienced work lawyer to identify exactly what earnings you might be owed.