Employment Law – Can an Employee Be Fired for Complaining Unpaid Wages

The federal Fair Labor Standards Act (“FLSA”) and many State laws require that employees be paid the wages and overtime pay they are legally entitled to receive in a timely manner.

Perhaps you are currently having a hard time in a situation that has gone awry as an employee who has not been paid the amount you are legally entitled to. You are still hesitant to complain for fear of being fired or discrimination by you boss. Such fears should not preclude action to recover fairly earned amounts, as wage and overtime laws have built-in safeguards against such retaliation.

The FLSA specifically provides that it is “unlawful for any person… to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted any or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding.” In Los Angeles, where I practice employment law, similar statutes exist precluding retaliation for complaining about violations of the Los Angeles statutes.

Importantly, these anti-retaliation statutes provide real protections and severe penalties, in order to encourage harmed employees to come forward. The FLSA anti-retaliation laws subject employers who retaliate or discriminate against an employee to fines or even criminal prosecution, and the affected employee is entitled to “legal or equitable relief… including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount” plus attorneys’ fees and court costs. Punitive damages are also available in appropriate cases.

Of course, many employers are smart enough not to fire someone, but retaliate in other ways. While your employer denies paying your rightful amount, immediately consult the unpaid wages attorney for Los Angeles area. He will help you to get back the amount; your employer did not pay you. Using a Kingsley & Kingsley Lawyers unpaid wages attorney can help you recover:

  • Earned bonus and promised bonus
  • Vacation
  • Earned wages
  • Salary and
  • Commissions

There are several situations when an employer violates the law and stops paying an employee:

Simply withholds your payment

Several times the employers disagree to adhere to the payment policies of the written employment contract. They try to cheat the employers in this way. You have all right to contact the unpaid wages attorney at such a situation. He can help you to revive your wage, following the legal procedure.

Denies making your final payment

When you leave a company, an employer can refuse to pay your last moth fees. He can continuously delay to pay off your rightful amount over and over again. Do not ignore the situation. Immediately seek help from the unpaid wages attorney. He can help you to get back your payment at the earliest.

Refuse to pay your overtime fees

Often the employees are given huge work pressure and the employers do not bother to pay them extra. At the time of making payments, they offer usual wage amount to the employees, deducing the extra amount. The unpaid attorney can help you to come out of the situation.

Does not pay in the proper time

It is often common in the industry that the employers delay in paying the employees. The employees have the notion that, they have every right to use their employers to the optimum level. In reality, it is not always true. You can expect to get your hard earned money at the correct time. Consult the unpaid wages attorney if required.

Employment contracts are always legal. Both the employee and the employer should adhere to this strictly. If an employee agrees to work for a period of time at a particular wage, the employee should pay the proper amount to his employee. Whenever the employer fails to pay his employee, it is known as “unpaid wage”. You can always take legal action against an employer. Approach an unpaid wages attorney and take legal action against your employer. Whether you are a non-exempt employee or a contracted or exempt, all types of employees are protected by Los Angeles Employment Laws.