Wage Retaliation Claims — Fired for Complaining?
Firing, demoting, or harassing an employee for reporting wage violations is illegal under federal and state law.
What Is a Retaliation Claims Claim?
Firing, demoting, or harassing an employee for reporting wage violations is illegal under federal and state law. This is a violation of the Fair Labor Standards Act (FLSA) and/or applicable state wage laws, and affected workers can recover back wages, liquidated damages, and attorney fees.
Common Situations
- Terminated after reporting unpaid wages
- Demoted for filing wage complaint
- Harassment following FLSA complaint
What Can You Recover?
Under the FLSA, successful claimants are entitled to:
| Recovery Type | Amount |
|---|---|
| Back Pay | All unpaid wages owed (up to 2–3 years) |
| Liquidated Damages | Equal to back pay amount (automatic if willful) |
| Attorney Fees | Paid by employer if you win |
| Court Costs | Paid by employer if you win |
| Typical Total Range | $15,000 – $150,000 |
How to Prove Your Claim
Documentation strengthens your case. Before speaking with an attorney, gather what you can:
- Pay stubs, W-2s, or 1099s
- Time records, schedules, or timesheets (even unofficial ones)
- Employment contract or offer letter showing your classification
- Emails or texts showing hours worked
- Names of coworkers who experienced the same treatment
Don't have records? That's okay — your attorney can subpoena employer records. Under the FLSA, if an employer fails to keep required records, the courts may give workers the benefit of the doubt.
Frequently Asked Questions
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