Nicholas P. Martin Will Defend You From Retaliation
All you ever wanted was to look out for yourself and your fellow employees.
When you stand up for what’s right, you shouldn’t have to pay a price.
If you’re being threatened with retaliation from management because you’re considering bringing a Wage and Hour Lawsuit against their illegal practices, know that you’ve got someone in your corner.
The Law Offices of Nicholas P. Martin won’t stand for you getting railroaded out of what you’re owed.
They’re the ones taking advantage of you and, if they threaten retaliation, we’ll make them pay.
What Are Your Workplace Rights in Atlanta?
The Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) provides a lot of coverage for workers’ rights, including a minimum wage, pay during wait periods, pay for on call periods, and overtime laws.
When businesses try to skirt these regulations, it is your right to bring them to court to be paid what you’re owed. In this case, “retaliation” is defined as firing, demotion, or in other way discriminating against an employee who is merely exercising their rights as protected by the FLSA.
FLSA seriously protects workers
he FLSA takes protecting workers very seriously, so the retaliation provision is a powerful tool to shield you from an attack.
The intent is broad and protects most employees who bring forward complaints in good faith. The provision covers formal (Contacting the Department of Labor, filing a lawsuit) and informal complaints (Bringing a complaint to a supervisor or HR). It also covers complaints brought by one employee on behalf of another employee.
Most Courts Understand
Most courts get that it is relatively rare (though not unheard of!) for an employee to have direct evidence of FLSA retaliation.
These claims are usually proven by circumstantial evidence. In essence, the FLSA retaliation provision applies as soon as an employee gives the employer “fair notice” of his concerns regarding the failure to pay overtime or minimum wages.
The Law Is Here To Help
This law is there to help you get what you’re owed.
The kind of workplace that would short a worker on their overtime or find a way around minimum wage laws might be the kind of place that would engage in retaliatory tactics. We’re here to help make sure you’re paid what you deserve and that you don’t have to take any guff for it. You shouldn’t be afraid to do the right thing and, with Nick Martin by your side, you won’t have to be.
What Are Some Common Retaliation Tactics?
Cutting hours.
Bad faith negative reviews.
Threatening firing.
Wage reduction.
Post-discharge disparagement.
Making the workplace so hostile it forces the employee to quit.
Frequently Asked Questions About Retaliation
The FLSA protects workers in many cases, including minimum wage, overtime, and retaliation protection. This law is enforced by OSHA (Occupational Safety and Health Administration) and is taken very seriously. If you were fired, you may be reinstated or you could be paid for the time you missed. If you were demoted, you could be paid for a loss of income.
Yes! The FLSA states it is unlawful for an employer to terminate (discriminate against in any other manner) any worker in retaliation for asserting minimum wage or overtime claims.
If successful, it’s possible you’ll not only recover the back pay you were entitled to, but you may also be eligible for “liquidated damages,” which is double the amount of recovered overtime wages. For instance, if you secure $1,000 in back pay, you’d have an additional $1,000 coming your way. Also, the FLSA mandates your employer reimburse you for out-of-pocket legal expenses, if you win. (If you don’t win, you won’t be required to pay your employer’s attorney fees, unless the court finds that you filed in bad faith.) The Court may also order that you be reinstated to his prior position.
Criminal prosecution is rare, but not unheard of. The offender could, theoretically, be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both.
Atlanta’s Best Workers Comp Attorney
A company is almost always more powerful than a worker, but you’re not alone.
You’ve got your fellow workers, you’ve got us, and most importantly, you’ve got the law on your side.
The interpretation of this law is incredibly broad because no one wants the worker to be taken advantage of.
Don’t be intimidated by the fear of retaliation. Nick is looking out for you. Don’t waste another