Can my employer fire me for complaining about unpaid wages?
No, it is unlawful for employers to fire workers for complaining about unpaid wages. As an employee, you have the legal right to ask to be paid what you have earned, whether verbally or in writing. You also have the right to complain about unpaid wages directly to your employer, file a complaint with the Division of Labor Standards Enforcement or bring a wage lawsuit in court.
Under California’s wrongful termination laws, firing an employee who files a complaint about wage or hour violations can be considered retaliation. Filing a wage claim is considered a legally protected activity. Employers cannot demote, harass, discriminate against or give a pay cut to or engage in other retaliatory actions against workers who participate in this protected activity.
If you were fired or suffered retaliation for complaining about unpaid wages, you may be eligible to file a lawsuit against your employer for their illegal conduct. Discuss your situation with an Oakland employment lawyer at Erlich Law Firm to learn more.
Other Unpaid Wage & Overtime FAQs:
- Am I entitled to rest breaks?
- Are employers required to pay mileage reimbursements?
- Are employers required to reimburse employees for work expenses?
- Can my employer fire me for complaining about unpaid wages?
- Does my employer have to give me meal breaks?
- How long do I have to file a claim for unpaid overtime?
- How much do you get paid for overtime in California?
- Is wage theft a crime in California?
- My employer deducted tips from my paycheck. Is this legal?
- Should I be paid for off-the-clock work?
- What should I do if my employer doesn’t pay me the overtime wages I am owed?
- What should I do if my employer is not paying me my wages on time?
- What types of damages can I recover in a claim for unpaid wages?
- When does my employer have to pay me my final wages upon termination or resignation?
- When must commissions be paid in California?
- Why do I need a lawyer for my unpaid wages claim?
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