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Fight for 15

Addressing Retaliation Concerns – Posted June 19, 2019

One of the most common questions we hear from people who want to bring a case or join an existing case is “can my employer come after me?”

Section 15(a)(3) of the FLSA states that it is a violation for any person to “discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee.”

There are severe penalties for employers who retaliate and for that reason, most employers will NOT retaliate. But it can happen. GSD treats retaliatory acts by an employer very seriously. The law permits employees to seek immediate remedies for retaliatory acts, including a “preliminary injunction” and a “temporary restraining order.” And the law provides severe financial penalties for an employer who retaliates against any employee participating in a wage hour claim.

Because the financial costs of retaliation to a company can be so high, retaliation is rare. Most established businesses are reasonably experienced with litigation and will not risk these serious consequences.

Most employees wait until they have left the job they are complaining about before bringing a case. But this is generally the result of practical considerations and is not a requirement of the wage hour laws themselves. And, because there are various deadlines by which claims must be asserted, employees who wait to bring claims may be losing part of the value of their claims.

Click here to see a former lead plaintiff discuss his concerns about retaliation: https://getmansweeney.com/retaliation-concerns/

 

Photo courtesy of Wikimedia

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