Why You Shouldn’t Fear Retaliation for Filing an Overtime Claim

Many workers hesitate to stand up for their rights because they fear retaliation—getting fired, blackballed, or facing other consequences. But here’s the truth: this fear is irrational. It’s like any other phobia—it feels real, but it’s not based on reality.

As an attorney who has represented over 10,000 workers in wage claims, I have never seen a single person retaliated against for asserting their rights under the Fair Labor Standards Act (FLSA). Here’s why you shouldn’t let fear stop you from getting the money you’re owed:

1. Retaliation is Illegal—And It Backfires on Employers

• The FLSA protects employees from retaliation for filing a wage claim.

• If an employer fires, demotes, or threatens you, it creates a new, separate lawsuit against them.

• Judges do not tolerate retaliation—if an employer tries it, they face even bigger penalties.

• Employers know this, which is why retaliation almost never happens.

2. Employers Don’t Want More Legal Trouble

• Many companies already owe thousands or even millions in unpaid wages.

• If they retaliate, they turn a wage case into a retaliation case, which can lead to:

  ✅ Additional financial penalties

  ✅ Public exposure and bad press

  ✅ Larger settlements

• Smart businesses avoid retaliation because it only makes their legal situation worse.

3. You’re Not Alone—Many Workers Have Successfully Filed Claims

• Every year, thousands of employees file unpaid wage claims, and their careers continue without issue.

• If retaliation were common, nobody would ever file a claim—but workers win these cases all the time.

• The reality is that most employers move on, and so should you.

4. The Fear of Being “Blackballed” is a Myth

• Workers worry that other employers will find out and refuse to hire them. This is not how the job market works.

• Employers do not share a “blacklist” of workers who file wage claims.

• Most companies are just looking for good workers—they don’t have time to dig into your legal history.

• If anything, an employer who follows wage laws will respect that you stood up for yourself.

5. You Have Legal Protections Beyond the FLSA

• Many states have additional worker protections against retaliation.

• If you are wrongfully terminated, you could be entitled to back pay, job reinstatement, and damages.

• Employers who retaliate send a message to every worker that they don’t follow the law—and courts don’t take that lightly.

What Can You Do?

• Know your rights. Retaliation is illegal, and employers almost never risk it.

• Take action now. The longer you wait, the harder it becomes to recover unpaid wages.

• Get legal help. An experienced wage lawyer can guide you through the process and protect you from any issues.

Take Action—No Fear Needed

You earned your wages, and you deserve to be paid fairly. Don’t let an irrational fear stop you from claiming what’s yours.

📞 Call Kennedy Law Firm at 713-425-6445 for a Free Consultation

📧 Email us at [email protected]

💻 Visit www.kennedyattorney.com to Learn More

Most workers who file claims never experience retaliation—but those who don’t file will definitely lose their hard-earned money. Which risk makes more sense?