Can I Be Fired for Complaining About Unpaid Wages?

California workers are entitled to receive the wages they have earned. When employers fail to pay correctly or on time, employees have the right to speak up. However, many worry that complaining will lead to termination or workplace retaliation. If you were fired or mistreated after raising concerns about unpaid wages, understanding your legal rights is essential.

This guide will explain:

• What wage theft is and how it happens
• Legal protections against retaliation under California law
• How to file a claim for unpaid wages and retaliation

To learn more about wage and hour protections, visit our Wage & Overtime page.

Understanding Wage Theft

Wage theft refers to situations where an employer fails to pay workers the full lawful compensation they are owed. In California, this is a violation of labor law. Wage theft can appear in several forms:

• Not paying minimum wage
• Failing to provide overtime pay for hours worked beyond 8 in a day or 40 in a week
• Missing meal and rest breaks without proper compensation
• Making unlawful deductions from paychecks
• Delaying final paychecks after termination or resignation

Employees subjected to wage theft may experience financial hardship and stress. California law offers strong legal remedies to help workers recover what they are owed.

Legal Protections Against Retaliation

It is unlawful in California for an employer to retaliate against an employee for asserting their labor rights, including asking about or reporting unpaid wages. Protections are provided through multiple statutes, including the California Labor Code and Fair Employment and Housing Act (FEHA).

Retaliation can include any negative employment action taken because of your complaint. Examples include:

• Being fired or laid off
• Receiving a demotion, pay cut, or reduced hours
• Harassment or verbal abuse by supervisors
• Being passed over for promotion
• Receiving unjustified disciplinary write-ups

Under California Labor Code sections 98.6 and 1102.5, it is unlawful for an employer to terminate or retaliate against an employee for:

• Filing a wage claim or complaint with the Labor Commissioner
• Testifying in a wage and hour investigation
• Complaining internally to supervisors or human resources about unpaid wages
• Refusing to work in unsafe labor conditions, including illegal non-payment of wages

If retaliation occurs, eligible employees may be entitled to reinstatement, back pay, penalties against the employer, and other compensation.

How to File a Wage Claim

If you believe your employer has failed to pay wages earned, you can file a wage claim with the California Division of Labor Standards Enforcement (DLSE), also known as the Labor Commissioner’s Office.

Follow these steps to file a claim:

1. Gather evidence of wage violations such as pay stubs, time sheets, emails, and correspondence.
2. Submit a claim form (DLSE Form 1) to the Labor Commissioner’s Office. This may be done online, by mail, or in-person.
3. Include information about retaliation if your employer disciplined or terminated you for complaining.
4. Attend a settlement conference or hearing if required by the DLSE process.

The Labor Commissioner will investigate your claim and determine whether you are owed back wages or if unlawful retaliation occurred. Remedies may include full recovery of unpaid wages, interest, penalties, and reinstatement if retaliation is proven.

You may also bring a private lawsuit with the help of an employment attorney. This can be especially important in cases involving significant underpayment, large employers, or complex retaliation claims.