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Retaliation Concerns

Some employees are concerned that their employer may retaliate against them if they bring a lawsuit for back wages.

The law strictly forbids retaliation.

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. These include:

  • Compensatory damages (lost wages and benefits)
  • Pain and suffering
  • Double damages
  • Punitive damages

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.

GSD never pressures anyone to bring a case. Interested in talking further about whether a wage hour lawsuit is in your best interest?

Call us We can help you weigh the risks and benefits in your particular case.

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