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.
Other Unpaid Wage FAQs:
- Are computer programmers and tech workers exempt from overtime?
- Can an employer disclose my immigration status if I file a claim for unpaid wages?
- Can I get fired for claiming overtime pay?
- Can my employer change my commission plan or withhold commissions?
- Can my employer fire me for filing a wage claim?
- Can salaried workers earn overtime in California?
- How do I file a claim for unpaid wages?
- How do I know if I am entitled to overtime pay?
- How do I know if my employer needs to pay me overtime?
- How is overtime pay calculated in California?
- If I receive a salary, am I exempt from overtime?
- If my employment is terminated, is my employer still required to pay me my commissions?
- Is my employer allowed to withhold my final wages after firing me?
- Is my employer required to pay for my meal break and rest breaks?
- What is an exempt and non-exempt employee?
- What is the minimum wage in California?