Employers Cannot Retaliate

Retaliation is extremely rare when employees join a class action against a large organization such as an insurance company. In fact, employees are more protected by expressing their right to join a lawsuit since the Fair Labor Standards Act (“FLSA”) and state laws forbid employers from retaliating against employees who pursue their claims for unpaid overtime.

Some employees may fear retaliation by their employer for pursuing their overtime claims. This fear might prevent them from joining lawsuits and unfortunately, from obtaining financial recoveries in this class actions. However, the good news is that the FLSA specifically forbids employers from retaliating against and terminating employees who pursue their overtime claims. Our firm will file suit against any employer who retaliates against an employee for pursuing their claims.

The reality is that it is also very expensive for an employer to have to defend a retaliation case because the recovery for an employee can be double the amount of the income an employee loses if an employer retaliates. Furthermore, if an employer were to retaliate against a class of employees, it would effectively expose itself to another class action for retaliation.

Overtime claims have complex time periods in which you must file a claim or join a class action. If you wait too long out of fear of pursuing claims, you may diminish your recovery or miss out on it entirely. It is best to speak with an attorney regarding your claims so that you do not accidentally lose out on your statute of limitations.

If you think you may have an overtime claim but fear retaliation, contact Lytle & Barszcz today to learn more. Our consultations are free.
All communications with our firm are confidential and privileged.