Can I be fire for making a claim against the company I’m working for wages and labor

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Can I be fire for making a claim against the company I’m working for wages and labor

I’ve been working overtime for
past toonths and not getting paid
for it I’ll work ,60hours a week
and still only getting paid for 40
hours

Asked on June 7, 2018 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You cannot legally be fired for making either a wage and hour claim (e.g. that you are not paid for all hours worked) or an employment discrimination claim (e.g. discrimination against you due to race, color, sex, disability, religion, national origin, or age 40 or over). If you are fired for making one of those protected claims, you could file a complaint for illegal retaliation with the department of labor (wage and hour claim) or EEOC (discrimination claim).
But you can be fired for other claims against your employer, such as a breach of contract claim, a claim they defamed you, a claim that they are harassing you--but not due to one of the protected categories above (i.e. if it's not because of a protected category, your employer may harass you), etc. Only discrimination or wage and hour claims are protected; if you make other claims against an employer, it may choose to not work with you anymore.
If you are hourly (i.e. paid an hourly wage, not a weekly salary that does not depend on hours worked) you must be paid for all hours worked each week, and overtime when you work more than 40 hours per week. If not, contact the department of labor.
 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You cannot legally be fired for making either a wage and hour claim (e.g. that you are not paid for all hours worked) or an employment discrimination claim (e.g. discrimination against you due to race, color, sex, disability, religion, national origin, or age 40 or over). If you are fired for making one of those protected claims, you could file a complaint for illegal retaliation with the department of labor (wage and hour claim) or EEOC (discrimination claim).
But you can be fired for other claims against your employer, such as a breach of contract claim, a claim they defamed you, a claim that they are harassing you--but not due to one of the protected categories above (i.e. if it's not because of a protected category, your employer may harass you), etc. Only discrimination or wage and hour claims are protected; if you make other claims against an employer, it may choose to not work with you anymore.
If you are hourly (i.e. paid an hourly wage, not a weekly salary that does not depend on hours worked) you must be paid for all hours worked each week, and overtime when you work more than 40 hours per week. If not, contact the department of labor.
 


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