If an employer admitted to firing me because I called the Dept. of Labor, can employee be compensated?

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If an employer admitted to firing me because I called the Dept. of Labor, can employee be compensated?

I recently contacted DOL because my employer refuses to pay for hours we worked overtime.

Asked on January 20, 2017 under Employment Labor Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Many workers don't know that there are laws to protect them from "retaliation". That means employers cannot punish employees for making discrimination/harassment claims or for participating in legally protected activity such as filing a wage claim regarding overtime. Retaliation can include any negative job action, such as demotion, discipline, suspension, salary reduction, or job/shift reassignment or even termination. If you think that you were fired illegally, you can again contact the labor department and/or consult directly with an employment law attorney who can help you assert your legal rights and inform you of any other claims that you might have under state/local law.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You bring this to the Department of Labor, too: it is against the law to retaliate against an employee for asserting his legal rights under the labor laws. Your termination was a wrongful act for which you may be entitled to compensation.


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