If you have been the victim of wage theft, you will want to pursue a claim. Wage theft is a major violation and is much more common that one may think.
If you have been the victim of wage theft, you are entitled to recover compensation for the wages that you were entitled to receive and that you were cheated out of.
There is a detailed claims process that must be followed, and you should be sure to pursue your claim in a timely manner.
If you file a complaint against an employer, you will need supporting evidence such as proof of your salary, proof of hours worked, and proof of what you were paid.
You will then need to show how much you did receive and how much you were entitled to receive that you didn’t get paid. You have legal rights, and you do have protections when you file a complaint against your employer for wage theft.
There are employment laws that are designed to protect employees who file complaints or report employers for wrongdoing.
If you have filed a complaint against your employer for their activities, they cannot retaliate against you. If they retaliate, you can file a lawsuit against them, and they can face harsh penalties through state and federal laws.
You may want to consult with an employment law attorney early on, so you will be able to get your claim on track in a timely manner. A lawyer will also help you gather supporting evidence and documentation to show that you suffered damages and that you were retaliated against for filing your wage theft claim and for reporting your employer’s wrong doing.
What Is Retaliation?
Retaliation comes in many forms. It can be by firing you, demoting you, cutting your hours or your pay, or leaving you out of employee events and activities.
The Fair Labor Standards Act (FLSA) prohibits employer retaliation. Any employee who has filed a complaint with the Department of Labor or their employer for illegal actions, such as wage theft, are protected.
If an employer is found to have retaliated against an employee, they could face a penalty of as much as $10,000 per each retaliation and then be required to reimburse the employee for their lost wages and damages.
If you pursue a claim against an employer for retaliating against you, you can recover your lost wages and if you were fired, they can be required to give you back your job at the same wage you were receiving before the retaliation.
You will need to keep copies of supporting evidence and documentation, so you should keep copies of your claim against your employer for wage theft and the response from anyone within the company or at the Labor Board.
If you are then fired, you will need supporting evidence to show that you are a victim of retaliation. You will need to provide copies of employ evaluations or reviews, paystubs, witness statements, employee contracts, the employee handbook, memos, emails, and any other supporting evidence.
While most jobs are handled on a right-to-work basis, which means that they can basically fire you for anything, statements from coworkers and proof of good reviews and evaluations can be helpful to your claim and help you show that you are the victim of retaliation from your workplace.
Sometimes showing that you are the victim of retaliation can be difficult, but it isn’t impossible. There are many kinds of supporting evidence that you can use to get your claim on track.
Contact An Employment Law Attorney
If you were the victim of wage theft, you may have retained the services of an employment law attorney. If you are retaliated against, you will definitely want to enlist the help of a lawyer who handles FLSA violations and who is familiar with employment law matters.An attorney who handles employment law claims in your state will be familiar with both state and federal laws.
When you retain the services of an attorney, they will detail how they will be paid. You will want to make sure you understand how much they will be paid and when they expect payment.
Some employment law attorneys work on a contingency basis and in that case, they will not be paid until you win your case and recover compensation. Complete the Free Case Evaluation Form on this page to share the details of your claim with a law firm who handles such cases in your area.