Got Fired For Complaining About Unpaid Wages?

The Federal Fair Labor Standards Act (“FLSA”) and numerous State laws require that staff members be paid the earnings and overtime pay they are legally entitled to receive in a timely manner. Unfortunately, numerous staff members who have not been paid amounts that they are lawfully entitled to receive are hesitant to complain since they are concerned about being fired or otherwise retaliated versus. Such worry must not discourage an action to recuperate amounts justly earned, as the wage and overtime laws have built-in defenses prohibiting such retaliation.

The FLSA particularly provides that it is “unlawful for any person … to discharge or in other manner discriminate against any staff member because such staff member has actually submitted any complaint or set up any or caused to be set up any proceeding under or related to this Act, or has actually affirmed or is about to affirm in any such proceeding.” In Arizona, where I practice employment law, comparable statutes exist precluding retaliation for grumbling about infractions of the Arizona statutes.

Significantly, these anti-retaliation statutes provide real securities and extreme penalties, in order to encourage harmed workers to come forward. The FLSA anti-retaliation laws subject companies who retaliate or victimize a staff member to fines and even criminal prosecution, and the impacted employee is entitled to “legal or equitable relief … including without limitation work, reinstatement, promotion, and the payment of earnings lost and an additional equal quantity” plus attorneys’ costs and court costs. Punitive damages are also offered in suitable cases. Yelp contact details.

Obviously, many employers are clever enough not to fire someone, but retaliate in other ways. The laws also avoid other kinds of retaliation and harassment, and courts have sanctioned employers who “blacklisted” employees, chose not to work with applicants who made legitimate complaints at other jobs, rendered unfair discipline, made unjust work tasks, or cannot provide regular advantages or payment that would have otherwise been offered.

At the end of the day, there is no chance to prevent the unpleasant situation that may accompany a grievance versus your business, however the alternative is to continue to have your legal rights breached and, due to delay in bringing a claim, lose substantial rights. Before raising a claim and tainting the relationship, it is a smart idea to meet a skilled employment attorney to determine what incomes you may be owed.

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