Can I get fired for claiming overtime pay?

Employers are prohibited by law from retaliating against an employee for requesting they be paid overtime pay or any other compensation duly owed to them.  

Illegal retaliation may take many forms, including:

  • Termination of employment;
  • Transfer to a less desirable position;
  • Reducing pay or benefits; or
  • Any other action that adversely affects the employee’s working conditions.

However, the employee’s damages from retaliation will be greater if the retaliation is serious, such as termination.

If the employer can show the adverse employment action was for a legitimate business reason, then the employee must show that the employer’s reasoning is false and is just an excuse to terminate them in retaliation for complaining or requesting all due wages. For example, if the employer claims the employee was “laid off” but the employee shows that their position was shortly re-hired or replaced, then there could be a strong assumption of retaliation.

In essence, an employer cannot treat an employee differently for claiming overtime pay, and if they do, the employer can be held liable through a California wage and hour lawsuit.

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I was owed wages and overtime and my employer refused to pay me. So I hired them to file a lawsuit. Bryan easily understood my very complicated case and I am happy with the results. – Ebi Z.

I didn’t have to pay anything, the firm took the whole risk of managing the case. Through the 14 months, Bryan always kept me updated, was very responsive and patient to questions I had. We achieved a resolution out of court in my favor, making me even happier about the experience. – Peter S.

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I won my trial and I got more than I expected. Everyone in the office is so nice and helpful. Even after everything was finished I could call a few weeks after and ask questions to make sure I was protected and they are more than helpful. – Husain N.

I never had to pay Bryan anything up front, nor was ever pressured to settle early. We ended up settling morning of the trial. Bryan is a really sharp, aggressive, seasoned attorney and knew the law inside and out about whistleblower cases. – Kyle B.