Greg Smith and Associates, Attorneys at Law
Salt Lake City (Murray)
Free 15 Min. Consultation  :  Nights & Weekends  :  Easy Payments

801-651-1512  -  24/7

Free 15 Min. Consultation 24/7

801-651-1512

We Can Help You Now

Call 801-651-1512   Call Now 24/7 Free 15 Min. Consultation
24/7, Nights & Weekends
Typically No Retainer - Easy Payments!*

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Office Location

Salt Lake City Office
111 E. 5600 S. #105
Murray, UT 84107

Telephone: 801-651-1512
Fax: 801-255-2134
Salt Lake City Law Office Map



Utah Wage and Hour Claims Lawyer

Employee Wrongful Termination Attorneys


What If I Complain, But Then Get Demoted, Or Even Fired?



Suzie thinks she's owed some unpaid overtime, so she has her attorney write the employer a letter (because the boss just laughed at her). The employer responds to the letter and says Suzie is crazy, and she has been paid every nickel she's owed. A couple weeks later, she's being given the worst jobs at work.

Is that legal? The answer: no! It's called illegal retaliation.

According to the law, requesting overtime wages is "a protected activity" under the United States Fair Labor Standards Act.

That means if we reach out to your employer on your behalf to let them know they owe you unpaid minimum wage and/or overtime, and they take "adverse action" against you (i.e. firing, demoting, and/or harassing you), they could have a much bigger problem on their hands.

In other words, they cannot retaliate against you without incurring the wrath of the federal law. Gust ' Wireless Vision (2015).

As courts have said, "protected activity under FLSA includes oral complaints . . . and unofficial assertions of FLSA rights. And if your company fires you, it could lead to a wrongful termination lawsuit. The Supreme court has held that the "anti-retaliation provision of [the] FLSA protects oral as well as written complaints of violation of the Act, abrogating Lambert ' Genesee Hospital, 10 F.3d 46. Kasten ' Saint-Gobain (2011).

In that case, the Court stated that "the Act protects employees who have "filed any complaint" 29 U.S.C. § 215(a)(3). They said that although some dictionaries define "filing" and dealing with a written or electronic document, which is archived and stored, the term "file" can mean much more than that. They said, "but other dictionaries provide different definitions that permit the use of the word "file" in conjunction with oral material. But, I think this was their best statement: "Why would Congress want to limit the enforcement scheme's effectiveness by inhibiting use of the Act's complaint procedure by those who would find it difficult to reduce their complaints to writing, particularly illiterate, less educated, or overworked workers? President Franklin Roosevelt pointed out at the time that these were the workers most in need of the Act's help.

Again, under the law it is illegal "to discharge or in any other manner discriminate against any employee because such employee has filed any complaint . . . or is about to testify in any such proceeding." Thus, your witnesses are protected, too.


From the BestUtahLawyer.com blog: Wage & Hour Claims.


Videos by Greg Smith explaining your rights and recourse under the law:

See Employment Law Videos




We Can Help You Now

Call 801-651-1512   Call Now 24/7 Free 15 Min. Consultation
24/7, Nights & Weekends
Typically No Retainer - Easy Payments!*

Use our secure private form

I have read the disclaimer.

Office Location

Salt Lake City Office
111 E. 5600 S. #105
Murray, UT 84107

Telephone: 801-651-1512
Fax: 801-255-2134
Salt Lake City Law Office Map





Clients with disabilities or impairments
Access to our office is available to clients and their family members at all times. Special equipment and communication devices are available upon request for our clients with visual, hearing, speech and physical impairment. In addition, arrangements can be made for verbal or sign language interpreters if needed to communicate between our attorneys and the client and family. Please notify our law office if any additional accommodations related to your disability or impairment are necessary to make your consultation more comfortable.



Greg Smith and Associates
111 E. 5600 S. #105
Murray, UT 84107

Salt Lake City, UT

801-651-1512


Typically No Retainer - Easy Payments. *Call for details.


Greg Smith and Associates, Criminal Law Attorneys, represent clients in Salt Lake City (SLC) and all throughout the state of Utah.


DISCLAIMER: I understand that I am contacting a corporation, not an individual, and that if I do business with the law firm, it will be with that corporation, not any individual(s). I understand that Greg Smith and Associates is not the legal name of the law firm, rather, it is "Aafordable Legal Advocates, PC." I also understand that whatever may relate to, or arise out of, any communication with the law firm, which results in any type of legal action, such must be brought in the Third District Court of Utah, West Jordan Department, and that this is mandatory not permissive.


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Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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