Wrongful Termination for Seeking Payment of Wages

Fired for Demanding Your Earned Wages? California Law Protects You

Introduction: Your Right to Fair Pay and Protection Against Retaliation

Every employee has a fundamental right to be paid fully and fairly for their hard work. California law provides robust protections ensuring that workers receive all wages they have earned, including minimum wage, overtime, and timely payment. Crucially, these laws also shield employees from retaliation if they inquire about, demand, or file a claim for wages they are rightfully owed. Being fired for simply asking for your earned pay could be a form of wrongful termination.

At Brightwood Law Group, PC, we stand up for employees whose employers have unlawfully retaliated against them for asserting their wage rights.

Your Entitlement to Full and Fair Wages in California

California has some of the strongest wage and hour protections in the country. As an employee, you have the right to:

  • Receive at least the minimum wage for all hours worked.
  • Be paid overtime (typically 1.5 times your regular rate of pay for hours worked over 8 in a day or 40 in a week, and double time for hours over 12 in a day or after 8 hours on the 7th consecutive day of work in a workweek).
  • Be paid for all hours worked, including “off-the-clock” work, training time, and certain types of travel time.
  • Receive your paychecks on designated paydays and receive accurate, itemized wage statements.
  • Be reimbursed for necessary business expenses incurred while performing your job duties.
  • Receive your final wages promptly upon termination, including all earned and unused vacation time.


Employers are legally obligated to comply with these requirements and cannot lawfully withhold your earned wages.

What Does “Seeking Payment of Wages” (Protected Activity) Include?

You are protected from retaliation when you engage in good faith efforts to secure the wages you are owed. Protected activities include:

  • Making internal inquiries or complaints to your supervisor, manager, or Human Resources department about potential pay discrepancies, unpaid wages, miscalculated overtime, or other compensation issues.
  • Formally demanding payment of wages you believe are due.
  • Filing a wage claim with the California Labor Commissioner’s Office (also known as the Division of Labor Standards Enforcement - DLSE).
  • Initiating or participating in a lawsuit to recover unpaid wages.
  • Discussing your wages or potential wage violations with your coworkers (this is often considered protected concerted activity).
  • Cooperating with an investigation by the Labor Commissioner or another government agency into your employer’s pay practices.

Wrongful Termination as Retaliation for Wage Claims or Inquiries

If your employer fires you because you engaged in any of the protected activities listed above, it constitutes wrongful termination in violation of public policy and specific labor codes. Termination is the most severe form of retaliation, but other adverse actions are also illegal, such as:

  • Demotion or unfavorable transfer
  • Reduction in hours or pay
  • Harassment or creation of a hostile work environment
  • Unwarranted negative performance reviews
  • Any other action that negatively and materially affects the terms and conditions of your employment.


To prove retaliation, there must be a link between your protected wage-related activity and the adverse employment action. This can often be shown by the timing of events (e.g., being fired shortly after complaining about unpaid overtime), pretextual reasons given by the employer for the termination, a sudden change in performance evaluations, or evidence of your employer’s hostility towards your wage inquiries.

Examples of Wrongful Termination for Seeking Wages:

  • An employee emails HR detailing several weeks of unpaid overtime. A few days later, they are terminated for “company restructuring,” even though their role is not eliminated.
  • After a group of employees informally discusses their suspicion that they are not being paid correctly for travel time, the perceived leader of the discussion is fired for a minor policy violation that was previously ignored for other employees.
  • An employee files a formal wage claim with the Labor Commissioner for unpaid commissions. Upon learning of the claim, the employer terminates the employee, citing “lack of fit.”
  • A server who repeatedly asks their manager why their tips are not being properly distributed is suddenly taken off prime shifts and then eventually let go for “customer complaints” that never previously surfaced.

What to Do If You Were Fired After a Wage Complaint or Inquiry:

If you believe your termination is connected to your efforts to obtain wages you are owed:

  • Gather All Pay-Related Documents: Collect copies of your pay stubs, time sheets, employment contract or offer letter, employee handbook, any written communications (emails, texts, letters) where you raised wage concerns, and any responses from your employer.
  • Document Your Wage Claim Efforts: Create a detailed written record of when and how you raised your wage concerns, who you spoke to, what was said, and your employer’s reaction. Note all dates.
  • Preserve Termination Documents: Keep your termination letter or any written explanation provided for your dismissal.
  • Contact an Experienced Employment Attorney Immediately: Retaliation for asserting wage rights is illegal. An employment lawyer can assess your situation, explain your rights, and help you determine the best course of action, including pursuing claims for both unpaid wages and wrongful termination.

How Brightwood Law Group, PC Fights for Your Wages and Against Retaliation

Brightwood Law Group, PC is dedicated to ensuring employees receive every dollar they have rightfully earned and are not punished for standing up for their wage rights. We assist employees by:

  • Conducting a Thorough Case Evaluation: We analyze your pay records, the nature of your wage dispute, and the circumstances of your termination to determine if you have a valid claim for unpaid wages and/or retaliatory wrongful termination.
  • Aggressively Pursuing Your Unpaid Wages: We are experienced in navigating California’s complex wage and hour laws to help you recover all compensation owed, including minimum wage, overtime, meal and rest break premiums, and related penalties.
  • Holding Employers Accountable for Retaliation: We take decisive action against employers who unlawfully terminate or otherwise retaliate against employees for exercising their right to seek owed wages.
  • Seeking Full Compensation for Your Losses: If you were wrongfully terminated, we will fight to recover all available damages, which can include unpaid wages, interest, statutory penalties, and attorneys’ fees.


Learn more about the broader protections against
Wrongful Termination in California Here.

For more details on your pay rights, visit our Wage and Hour Violations Page.

Understand more about Employee Retaliation Protections.

Fired for Asking for Your Pay? You Deserve Justice.

If you lost your job or faced other negative consequences after inquiring about or demanding wages you believe you were owed, your rights may have been violated. Contact Brightwood Law Group, PC today for a confidential consultation. Our dedicated employment law attorneys are here to help you recover your unpaid wages and fight against unlawful retaliation. Call us at (310) 895-9075 or fill out our online contact form.