Wage theft is a serious issue that affects countless workers every year. Unfortunately, some employers retaliate against employees who stand up for their rights and report stolen wages. Retaliation is illegal, and workers have strong legal protections to fight back. If you’ve faced punishment, termination, or mistreatment after reporting wage theft, you have options. Here’s what you need to know about protecting yourself and taking legal action against employer retaliation.
What is Wage Theft and Employer Retaliation?
Understanding Wage Theft
Wage theft occurs when an employer fails to pay an employee what they are legally owed. Common examples include:
- Unpaid overtime
- Failure to pay minimum wage
- Withholding last paychecks
- Misclassifying employees as independent contractors
- Forcing employees to work off the clock
- Stealing tips
What is Retaliation?
Retaliation happens when an employer takes negative action against a worker for reporting wage theft or asserting their rights. Examples of retaliation include:
- Firing or laying off an employee
- Cutting hours or reducing pay
- Assigning harder or less desirable work
- Harassment or intimidation
- Threats, including immigration-related threats
If an employer retaliates against you for reporting wage theft, they are breaking the law. Workers have legal rights to stand up against this behavior and seek justice.
How to Recognize Employer Retaliation
Recognizing retaliation is the first step in fighting back. Ask yourself the following questions:
- Did your employer take negative action against you shortly after you reported wage theft?
- Have other employees been treated differently for reporting similar issues?
- Did your employer give you a vague or false reason for your termination or demotion?
- Are you being isolated, harassed, or threatened at work?
If you answered “yes” to any of these, you may be experiencing workplace retaliation.
Legal Protections Against Retaliation
Employees are protected by federal, state, and local laws that prohibit retaliation for reporting wage theft. Here are some key laws that protect workers:
Fair Labor Standards Act (FLSA)
The FLSA guarantees workers the right to receive minimum wage, overtime pay, and protection from employer retaliation for reporting violations.
Occupational Safety and Health Act (OSHA)
While primarily focused on workplace safety, OSHA protects employees from retaliation for reporting workplace violations, including wage theft.
National Labor Relations Act (NLRA)
If you are organizing with coworkers to demand fair pay, the NLRA protects you from retaliation for collective workplace actions.
State and Local Laws
Many states have stronger protections against retaliation. Depending on where you live, you may have additional rights beyond federal laws.
Steps to Take if You Face Retaliation
1. Document Everything
Keep detailed records of any wage theft reports, retaliation, conversations with your employer, emails, and performance reviews. The more evidence you have, the stronger your case.
2. Report Retaliation to the Proper Authorities
If your employer retaliates against you, report it to the relevant agencies:
- U.S. Department of Labor (DOL) – Handles wage theft and retaliation complaints.
- Equal Employment Opportunity Commission (EEOC) – Investigates workplace discrimination and retaliation.
- Your State Labor Board – Many states have agencies that specifically handle wage theft and employer retaliation cases.
3. Consult a Wage Theft & Retaliation Attorney
An experienced employment attorney, like David Gallo, can help you understand your rights, file complaints, and pursue legal action against your employer.
4. File a Lawsuit for Damages
If your employer retaliated against you, you may be entitled to compensation, including:
- Lost wages
- Job reinstatement
- Emotional distress damages
- Punitive damages (to punish the employer)
How David Gallo Law Can Help
At David Gallo Law, we specialize in fighting for workers who have suffered wage theft and employer retaliation. Our legal team understands the tactics employers use to silence workers and will aggressively fight for your rights.
We can help you: File a complaint with the Department of Labor, Pursue a wrongful termination or retaliation lawsuit, Recover stolen wages and additional damages,Hold your employer accountable!
No worker should suffer retaliation for standing up for their rights. If you believe you’re a victim of wage theft or retaliation, contact us for a free consultation today.
Conclusion
Retaliation for reporting wage theft is illegal, but you do not have to fight alone. Federal and state laws protect employees, and legal action can help you recover lost wages and hold bad employers accountable. If you’ve faced retaliation, document everything, report your employer, and seek legal assistance.
At David Gallo Law, we’re committed to defending workers and ensuring they receive the pay and respect they deserve. Contact us today to discuss your case and take the first step toward justice.
