A. Wage Lawsuit Retaliation – Law Protects You After Filing or Joining a Wage Lawsuit
Some people contact us about overtime claims express concerns about their current or former employer retaliating against them. Our clients work hard and depend on their regular paychecks. Federal law prevents workers from having to choose between recovering their unpaid wages in a lawsuit and their job,
B. Wage Lawsuit Retaliation: Protected Actions
Federal Law protects both current and former employees from retaliation. The law even protects employees’ spouses in limited circumstances. An employer violates the federal law if the employer discharges or acts adversely towards an employee who takes a “protected action.” Common protected activities include (1) filing or Joining a Wage Lawsuit; (2) helping with a Wage Investigation; and (3) making a complaint with the Department of labor. Additionally, employees have legal protection when they make written or formal internal complaints. In other words, an employee has protection even when the employee makes a verbal complaint to his or her supervisor. For more information regarding retaliation, we invite you to visit the Department of Labor’s webpage dedicated to the subject found here.
C. Wage Lawsuit Retaliation: Recoverable Retaliation Damages
If your employer retaliates against you for filing or joining a wage lawsuit, the following damages may become available to you:
- Continued Employment;
- Reinstatement to your position or job;
- Lost wages; &
- Liquidated damages (double your lost wages).
If your employer has retaliated against you, act quickly to ensure you file your claim. If you do not, you could lose your claim because a 2-3 year statute applies to wage retaliation claims.