Can I Be Fired for Pursuing a Claim for Overtime?
As a worker in the United States, you are protected by several important federal laws, including the Fair Labor Standards Act, or FLSA.
The FLSA covers two important aspects of employment:
Minimum wage requirements
Overtime wages.
Unless you are an exempt employee, you have the right to pay overtime for all time worked beyond 40 hours in a work week, don`t wory its your rights.
Like many employees, however, you can be rightly concerned about retaliation and how your employer will react if you file a complaint based on the fact that you are not being paid overtime wages.
In particular, you may want to know the answer to the question "can I be fired for pursuing a claim for overtime?"
The FLSA is relatively simple with respect to overtime wages. All non-exempt employees must pay overtime wages at the rate of one and a half times their regular salary for all time worked beyond 40 hours in a work week.
Despite all this, some employers continue without paying overtime to their employees.
Sometimes, an employer does not pay overtime wages on the basis that the employer has classified (wrongly or fraudulently) an employee as exempt.
Other employers do not even offer an excuse for not paying overtime wages to employees who are clearly entitled to overtime pay.
Regardless of your employer's justification, if you believe you have the right to pay overtime and are not receiving it, you can file a claim against the employer.
If your employer decides to retaliate against you for doing so, your employer will violate federal law and can not do this.
Although the law can not prevent your employer from firing, degrading, or making your life miserable at work after filing a claim for overtime, the law retaliates for doing so in violation of the law.
In fact, the law protects you from retaliation if you have filed a formal complaint or just made and informal complaint.
Therefore, if your employer shoots you, or otherwise retaliates, after you pursue your rights to pay overtime under the FLSA, the employer's retaliatory actions can be added to the complaint you just filed and It can ultimately entitles you to additional compensation from your employer.
If you believe you made a good faith complaint against your employer for non-payment of overtime wages and your employer then fired you, or otherwise retaliated against you, you should consult with an experienced law attorney. of Florida employment immediately to discuss your legal options.
The law protects you from an employer who violates the FLSA, but the law also limits the period within which you must pursue your rights. If you face employer retaliation, contact our experienced Florida labor law attorneys at The Palma Law Group.
Call us or fill out the form on the website to schedule your appointment now.
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