If your employer pays you less than you have earned by claiming you are only entitled to a state minimum wage of $5.15 instead of the federal minimum of $7.25 or refuses to pay you overtime at one-and-a-half times your hourly rate, you may have discussed it with them and noticed a change in their attitude toward you.

The mistreatment may escalate if you file a claim with the Equal Employment Opportunity Commission (EEOC) to enforce your right to the minimum wage or you file a lawsuit under the Fair Labor Standards Act (FLSA) seeking your overtime pay. If you believe your employer is mistreating you because you made claims about your wages, an Atlanta workplace retaliation lawyer at Feldman Legal Group can stop the adverse actions. Our employment attorneys could guide you through your legal options.

Workplace Adverse Actions Amounting to Retaliation

Retaliation involves adverse actions an employer takes against an employee who did not do anything wrong but, in the employer’s eyes, deserves it for filing a wage complaint with the company’s human resources department, the EEOC, under the FLSA, or initiating a lawsuit. Some common examples of retaliation include:

  • Reducing an employee’s hours and frequently altering the work schedule
  • Belittling or threatening language
  • Increasing performance reviews and giving unfairly negative assessments, which the employer relies on to deny raises and promotions
  • Micromanaging an employee’s work and constantly criticizing it
  • Encouraging other employees to harass the employee
  • Termination
  • Refusing to provide a fair reference for future employers

Adverse actions are very stressful for employees who are just trying to assert their rights to receive the money they earned. Feldman Legal Group’s Atlanta attorneys assess a client’s situation and advise them on the best solution to workplace retaliation.

Protected Actions

Federal and state laws shield workers engaging in protected actions from retaliation and harassment. Some, but not all, protected actions include whistleblower and discrimination complaints and requesting leave under the federal Family and Medical Leave Act. They also include demanding to be paid the minimum wage and overtime pay under the FLSA. If an employer refuses and retaliation results, the employee has the right to file a complaint and a subsequent lawsuit.

Lawsuits for Retaliation in the Workplace

Complaints for wage discrimination are filed with the EEOC. The EEOC investigates complaints and determines if there are grounds for a lawsuit. If a lawsuit is appropriate under the EEOC or FLSA, employees must prove they engaged in a protected activity, the employer took an adverse action, and that action directly relates to the protected activity. Employers will attempt to defend their actions and even try to blame the employee for termination, not because of the dispute over pay, but for an unrelated reason. That is why it is crucial to call a lawyer at the Feldman Legal Group as soon as an Atlanta employee suspects retaliation.

A Workplace Retaliation Lawyer Fights for the Money You Are Owed

It is stressful enough to work at a job in which your employer is committing wage theft, whether by paying you less than minimum wage, misclassifying you as an independent contractor, or refusing to pay you overtime. Your work life gets worse if you complain about your wages and your employer retaliates.

Taking adverse actions against you is against federal and state law. Filing a complaint with the appropriate agency or a lawsuit for a civil remedy are your choices if the mistreatment continues. Mitchell Feldman has built a culture of fair play by assisting those who are mistreated at work with little recourse of their own. Let a Feldman Legal Group Atlanta workplace retaliation lawyer help you now. Contact us to discuss your legal options.