Federal and state laws protect employees from retaliation for complaining about wage issues. Retaliation for asserting wage rights is illegal under the Fair Labor Standards Act (FLSA). This article explains what constitutes retaliation, legal protections, and steps to safeguard oneself when raising wage complaints.
Imagine you are a dedicated project manager who regularly works late to meet deadlines, often clocking 50-55 hours a week. After reviewing your pay stubs and researching your role, you develop a good-faith belief that you have been misclassified as an “exempt” employee and are owed significant overtime pay. You schedule a private meeting with your supervisor and calmly present your concerns, referencing the hours you’ve logged. Your supervisor seems dismissive but says they will “look into it.” Over the next three weeks, you are abruptly removed from a high-profile project, you receive your first-ever negative performance review citing a sudden lack of “team synergy,” and your requests for professional development training-previously always approved-are denied without explanation. You haven’t been fired, but your job has fundamentally changed for the worse, and you feel isolated and targeted. This scenario, a classic example of subtle retaliation, is not just unfair-it is illegal.
The following table deconstructs this scenario to illustrate how an employee’s actions and an employer’s reactions are interpreted under the law.
Table 1: The Anatomy of a Retaliation Claim: A Real-World Scenario
|
Element of the Scenario |
Legal Classification |
Why It Matters Under the FLSA |
Potential Legal Outcome |
|
Researching pay and raising concerns with a supervisor about overtime. |
Protected Activity |
The FLSA protects both formal and informal complaints, even if they are only verbal. The employee’s “good-faith belief” is the key, not whether they are ultimately proven correct.1 |
Establishes the first pillar of a retaliation claim. The employee is now legally shielded from punishment for this action. |
|
Removal from a high-profile project. |
Adverse Action |
This is an action that would “dissuade a reasonable employee” from making a similar complaint. It materially changes the terms and conditions of employment.1 |
This constitutes evidence of illegal retaliation and can be included in a claim for damages. |
|
First-ever negative performance review citing vague reasons. |
Adverse Action / Evidence of Pretext |
The timing (shortly after the complaint) and the departure from a history of positive reviews suggest the reason is pretextual-a false justification for the retaliation.1 |
Strengthens the causal link between the protected activity and the adverse action, making the retaliation claim more credible. |
|
Denial of previously approved training opportunities. |
Adverse Action |
This is a denial of a tangible employment benefit and serves as further punishment, reinforcing a pattern of retaliatory conduct. |
Adds to the weight of evidence and can be factored into damages, such as lost career advancement opportunities. |
If you’re facing retaliation after filing a wage complaint, it’s time to take action. The Lore Law Firm is here to support your rights and ensure you get what you deserve. Don’t hesitate to contact us for guidance or call us at 800-559-0400 to discuss your situation. Let’s work together to secure your financial future.
What Is Retaliation?
Retaliation occurs when an employer takes adverse action against you for engaging in protected activity-specifically, complaining about wages or overtime. According to the U.S. Department of Labor, retaliation includes firing, demoting, harassing, cutting hours, or any action that would “dissuade a reasonable employee” from raising pay concerns.
Examples of retaliation:
● Termination after wage complaints
● Demotions or pay cuts
● Unfavorable schedule changes
● Unjustified negative performance reviews
● Threats to report to immigration
● “Blackballing” in the industry
Protected activities include:
● Formal complaints to the DOL or filing lawsuits
● Informal complaints to supervisors or HR
● Both oral and written complaints
● Internal complaints about unpaid wages or overtime
You’re protected even if mistaken about the violation, as long as you genuinely believed you were underpaid. The law encourages workers to speak up without fear.
Legal Protections Against Retaliation
The Fair Labor Standards Act (FLSA) contains strong anti-retaliation provisions. Section 15(a)(3) makes it unlawful to “discharge or in any other manner discriminate against any employee” for filing complaints or participating in proceedings related to wage rights.
Key FLSA protections:
● Covers all complaint types (internal and external)
● Applies to virtually all employers and employees under the FLSA’s ati-retaliation laws
● Protects former employees from post-employment retaliation
● The U.S. Supreme Court confirmed that verbal complaints are protected, and the Fifth Circuit confirms that even informal internal complaints can trigger FLSA anti-retaliation protections.
In Texas: While Texas is an at-will employment state, employers cannot fire you for illegal reasons, including retaliation for wage complaints. Federal FLSA protections apply throughout Texas, making termination for demanding overtime pay or reporting violations illegal.
Overtime Retaliation
Overtime disputes are common, especially when employees are misclassified as “exempt” or work extensive hours without proper compensation. Employers cannot punish you for insisting on time-and-a-half pay for hours over 40 per week.
The FLSA imposes civil penalties on employers who retaliate against workers for overtime complaints. Even informal workplace complaints about overtime are protected-you don’t need to file a lawsuit first.
Wrongful Termination
Getting terminated for complaining about unpaid wages violates public policy and federal law. While Texas allows at-will firing for most reasons, firing an employee because they asserted wage rights is illegal. Federal law also makes such retaliation illegal and provides specific remedies.
Evidence considerations:
● Timing: Retaliation often follows complaints closely
● Pretext: Employers may cite false reasons (performance, attitude)
● Documentation: Save written complaints and note retaliatory acts
● Texas claims typically pursue federal FLSA anti-retaliation provisions
Protecting Yourself
1. Document Everything
● Keep pay stubs, timesheets, schedules, emails
● Make complaints in writing when possible
● Journal any workplace changes after complaining
● Save threatening texts or unusual communications
2. Use Internal Channels Wisely
● Follow company HR policies
● Keep copies of all correspondence
● Don’t let the company stall indefinitely
3. Act Promptly
● Speaking up sooner establishes legal protection
● Delays can weaken causation links
● Be mindful of claim deadlines
4. Remain Professional
● Focus on facts, not emotions
● Continue performing your job well
● Let evidence support your case
5. Document Witnesses
● Note coworkers who observe retaliation
● Consider collective complaints for safety in numbers
6. Secure Personal Copies
● Store documentation outside work systems
● Maintain access if suddenly terminated
7. Report Retaliation
● Document retaliatory acts in writing
● Notify HR about suspected retaliation
● Contact an attorney or the DOL
Legal Remedies
If retaliation occurs, you can:
● File an FLSA retaliation lawsuit
● Seek reinstatement or front pay
● Recover lost wages plus liquidated damages (doubling the amount)
● Obtain compensation for emotional distress
● Have attorney’s fees covered
The DOL can investigate and pursue remedies on your behalf, including civil fines or criminal charges for willful violations.
Frequently Asked Questions About Workplace Retaliation
Q: What activities are protected?
A: Any good-faith complaint about wage violations, whether to your employer, DOL, or in court. This includes oral complaints, serving as a witness, or informing coworkers about their rights.
Q: Can I be fired for complaining?
A: No-that’s illegal retaliation. Your employer cannot fire, demote, cut hours, or punish you for raising wage issues.
Q: How do I prove retaliation?
A: Show: (1) you engaged in protected activity, (2) you suffered adverse action, and (3) a causal link between them. Evidence includes timing, lack of other explanations, and witness testimony.
Q: What can I recover?
A: Reinstatement, back pay, liquidated damages (doubling back pay), attorney’s fees, and potentially emotional distress compensation.
Q: Do I need a formal complaint for protection?
A: No. Internal complaints or simply raising the issue with your employer triggers protection. Even asking about potential overtime mistakes is protected activity.
Q: What about subtle retaliation?
A: Document treatment changes, compare to others’ treatment, gather witness testimony. Even subtle actions that would discourage complaints can be illegal retaliation.
Q: What are the time limits?
A: LSA retaliation claims generally must be filed within 2 years (3 years if the violation is willful) under 29 U.S.C. §255. Separate from that, Texas Payday Law wage claims to the TWC must be filed within 180 days of when the wages were due.
Key Takeaways to Remember
The law strongly protects your right to speak up about wage violations. Knowledge of these protections empowers you to assert your rights safely. If facing wage issues in Texas or elsewhere:
● Document everything thoroughly
● Report violations professionally
● Seek legal counsel early
● Remember that retaliation itself creates additional claims
● Don’t let fear silence legitimate complaints
The fundamental principle: employers cannot retaliate against workers for exercising their rights. Federal law ensures you can safely demand proper compensation without risking your job. With proper documentation and legal support, you can protect yourself while pursuing the wages you’ve earned.
If you’re facing retaliation after filing a wage complaint, it’s time to take action. The Lore Law Firm is here to support your rights and ensure you get what you deserve. Don’t hesitate to contact us for guidance or call us at 800-559-0400 to discuss your situation. Let’s work together to secure your financial future.
